ORAL JUDGMENT

1. Rule. Mr.N.K.Majmudar, learned advocate waives service of notice of rule on behalf of the respondent.

2. In this petition under Articles 226 and 227 of the Constitution of India, the following substantial prayers are made.

“5(B). THIS HONOURABLE COURT WOULD BE PLEASED TO allow present petition by quashing and setting aside the order below Exh.132 passed by the Learned Additional Senior Civil Judge, Surat in Special Civil Suit No.181/2016 dated 29/11/2019 and be pleased to allow the Application below Exh.132 filed in Special Civil Suit No.181/2016 pending in the Court of Learned Additional Senior Civil Judge, Surat in the interest of justice.

(C) Pending admission hearing and till final disposal of present petition THIS HONOURABLE COURT WOULD BE PLEASED TO grant interim relief by staying further proceedings of Regular Civil Suit No.181/2016, in the interest of justice.”

3. The facts necessary for disposal of this petition are that the respondent, who is original plaintiff, has instituted Special Civil Suit No.181 of 2016 against the present petitioner original defendant to recover a sum of Rs.40,04,342/- with interest in the court of learned Principal Senior Civil Judge,