ORDER :

Special Civil Application No. 19886 of 2021

1. Heard Party-in-person viz. Thakkar Vasudev Kanaiyalal the petitioner, learned AGP Ms. Megha Chitaliya for the respondent – State and learned Advocate Mr. Uday M. Joshi for the respondents.

2. Since the issues are inter-connected arising from the same proceedings and between the same parties, hearing of all three matters are taken up together and whereas by this common order, the said applications are being disposed of.

3. Special Civil Application No.19886 of 2021 calls into question an order dated 30.11.2021 passed by the learned 23rd Additional Senior Civil Judge, Vadodara, passed below Exh. 13 in Review Application No. 2 of 2021 whereby the learned Court had permitted an application by the applicants of Exh. 13 to withdraw the Review Application in spite of objections filed by the Party-in-person - petitioner herein.

4. This Court has considered the submission of the Party-in-person as well as perused the application below Exh. 13 as well as order dated 30.11.2021.

5. It appears that the applicant had filed the Review Application against an order dated 18.03.2021 passed below Exh.240 in RCS No.72 of 1998 and below Exh. 424 in RCS No.73 of 1998 and whereas eventually on 17.11.2021, the learned advocate for the applicants had filed a withdrawal pursis seeking withdrawal of the Review Application. The Party-in-person appears to have taken an objection to such withdrawal and whereas it also appears that the Party-in-person were aggrieved by the form of the withdrawal pursis. The learned Civil Court, had in spite of the objections of the Party-in-person had permitted withdrawal of the application, being aggrieved by which order the present application has been preferred.

6. In the considered opinion of this Court, a respondent - defendant may have a right to object against an application for withdrawal, if either such withdrawal would in any way effect the rights of the respondent - defendant or the said withdrawal application would in any way prejudice the said party. In the instant case, there does not appear to be any reasons mentioned by the Party-in-person for questioning the application for withdrawal as it is also noted that the withdrawal application was also unconditional. Since such withdrawal application was unconditional, in the considered opinion of this Court, such application did not have the capacity of prejudicing the present applicant in any manner whatsoever. Moreover, as noted hereinabove, the petitioner – Party-in-person has not been able to submit as to how, he would be prejudiced by the withdrawal of the Review Application. The Party-in-person has attempted to argue on merits of the order of which review had been sought for originally but on a specific query being raised as to whether the order dated 18.03.2021 had been challenged by the Party-in-person that is the order, in which, the Review Application had been filed by the applicants, who sought withdrawal, having been challenged by the Party-in-person, the reply was in negative.

7. Under such circumstances, in the opinion of this Court, the party-in-person as defendant not being able to show any prejudice on account of such permission to withdraw the review application in the considered opinion of this Court, no error whatsoever has been committed by the learned Civil Court vide the impugned order in permitting withdrawal of the Review Application. Hence, the present application being meritless and is rejected.

Order in Special Civil Application No.22285 of 2022 & Special Civil Application No.21956 of 2022

1. Special Civil Application No.22285 of 2022 is filed with a prayer for transfer of the pending cases from the Court where the said applications are pending to any other Court. It is attempted to be submitted by the Party-in-person that the learned Court below has prohibited the Party-in-person from making oral submissions and whereas the certain other allegations are made against the learned Judge, which