R.S. Chauhan, J. - (1.) AGGRIEVED by the order dated 06.02.2010 passed by the Additional District Judge (Fast Track) No. 2, District & Sessions Court, Ajmer, whereby the learned Judge has dismissed the petitioner's application under Order 6 Rule 17 CPC, the petitioner has approached this Court.
(2.) MR . Sumthimal Lodha, the respondent No. 2, is present in person before this Court. He claims that he is speaking on behalf of the other respondents namely Shri Rajendra Lodha, respondent No. 3, Smt. Manju, respondent No. 4 and Shri Gaurav Surana, respondent No. 5. Mr. Sumthilal Lodha states before this Court that the respondents have no objection if this writ petition were to be allowed and the amendment sought by the petitioner were allowed to be made by the petitioner in the written statement. According to him, he admits that half portion of the property in dispute has already been vacated, and that the respondents have taken the possession of the said part of the property. Considering the fact that an admission has been made by the respondent No. 2, considering the fact that the respondents have no objection to allowing of this petition, this Court quashes and sets asides the order dated 06.02.2010 and permits the petitioner to make the necessary amendment in the written statement with regard to the vacationing of half portion of the property in dispute. The said amendment shall be carried out by the petitioner within a period of one month from today. The first appellate court is directed to decide the appeal as expeditiously as possible.
(3.) FOR the reasons stated above, the writ petition is allowed. No costs.;