Usha Shriniwas Chari v. Kalyan Dombivli Municipal Corporation , Kalyan And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by DINESH SADANAND SHERLA Date:

2022.01.21 16:38:40 +0500 DINESH SADANAND SHERLA CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3520 OF 2018 Smt. Usha S. Chari

...Petitioner

V/s.

Kalyan Dombivli Municipal Corporation, Kalyan and ors.

...Respondents.

Mr. Girish Godbole i/b Mr. S. S.Kothari for the Petitioner. Mr. A.S. Rao for Respondent Nos.1 and 2.

CORAM

:

N.R. BORKAR, J.

DATE :

21.01.2022.

P.C. :

1.

This petition takes an exception to the judgment and order dated 6.9.2017 passed by the District Judge-1, Kalyan in Misc. Civil Appeal No. 69 of 2017.

2.

The petitioner herein fled the suit for declaration and injunction. The application for interim injunction was fled. The trial Court, by order dated 26.4.2017, rejected the application for interim injunction. Being aggrieved by the order of the trial Court, an appeal was fled. The appellate Court dismissed the appeal by the impugned order. There is no interim order in the present petition. In my view, therefore, there is no point in hearing the Dinesh S. Sherla 1/2

2/2 17-cwp-3520-18.doc present petition on merits after four years and it would be appropriate to direct the trial Court to decide the suit expeditiously. Even otherwise, the petitioner appears to be senior citizen. In the result, the following order is passed.

ORDER

a.

The trial Court shall endeavour to decide the Regular Civil Suit No. 191 of 2017, as early as possible and in any case within a period of one year from the date of receipt of copy of this order.

b.

Needless to mention that the trial Court shall decide the suit on its own merits without being infuenced by the order passed by it below application at Exhibit-18 and order passed by the appellate Court.

c.

Petition is disposed of in the above terms.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2