JUDGMENT :

1. Heard learned Advocate Mr. Bhadrish S. Raju with learned Advocate Mr. Dhanesh R. Patel for the petitioner and learned Senior Advocate Mr. Dhaval Dave with learned Advocate Mr. Jigar P. Raval for the respondent (caveator).

2. Rule returnable forthwith. Learned Advocate Mr. Jigar P. Raval waives service of Rule on behalf of the respondent.

3. With consent of the learned Advocates appearing for the respective parties, the present petition is taken up for final hearing.

4. By way of this petition the petitioner has challenged an order dated 01.11.2022 passed by the learned Principal Senior Civil Judge, Sanand, under Exh. 60 in Special Civil Suit No. 407 of 2017, whereby the application preferred by the petitioner-defendant to reopen his right to file a written statement and reply to the application for interim injunction has been rejected.

5. Brief facts leading to filing of the present petition, as far as they are relevant for the present purpose are narrated herein below :

5.1 It appears that on 21.05.2013, the respondent M/s Bileshwar Corporation had filed Special Civil Suit No. 272 of 2013 before the learned Senior Civil Judge, Ahmedabad (Rural) for specific performance whi