ORAL ORDER

1. The order below Exhibit-26 in Special Civil Suit No.699 of 2018 passed by the learned City Civil Court, Court No.7 is under challenge in this petition.

2. The following facts are necessary for deciding this petition.

2.1 The petitioners are original plaintiffs of Regular Civil Suit No.699 of 2018. The respondent opposed the said suit by filing reply. The petitioners filed application at Exhibit-26 for recovery of the outstanding licence fees along with municipal tax from the defendant. The defendant filed reply on 03.12.2022 at Exhibit-28 to which the petitioners filed rejoinder on 02.01.2023 at Exhibit- 30. The learned City Civil Court vide impugner order dated 25.04.2023 passed below Exhibit-26 in Civil Suit No.699 of 2018 rejected the application on the ground that said application is subject to outcome of evidence which will be recorded as per the law. Hence, the present petition.

3. Heard learned advocate Mr.Hardik Soni appearing for the petitioners. Though served none remained present for the other side.

4. The application at Exhibit-26 is filed by the petitioners who are landlord directing the defendant of the suit to deposit amount equal to the licence fee as damag