Dilip Shankar Mulay v. Pradip Shankar Mulay And ORS

7 - WP. 3189-19 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 3189 OF 2019 Dilip Shankar Mulay ...

Petitioner Vs.

Pradip Shankar Mulay & Ors.

...

Respondents *** Mr. Dilip Shankar, the Petitioner, in person - present. *** CORAM : INDRAJIT MAHANTY, & A. M. BADAR, JJ.

DATE : MARCH 19, 2019 PC :

1.

Heard the Petitioner, appearing in person. According to him, a partition suit filed by him is pending on the file of the Civil Judge, S. D. Thane since last 23 years. He, being a senior citizen, is entitled for his civil suit decided expeditiously. The Petitioner, therefore, submits that the trial court be directed to take the matter on weekly basis, and decide all pending applications therein in a time bound manner.

2.

We have considered the submissions so advanced by the Petitioner, appearing in person. It is seen that civil suit file 1 / 2

7 - WP. 3189-19 filed by the Petitioner is pending on the file of the learned Civil Judge, S.D. Thane, and that court will be the best court to decide the priority in the light of various circulars issued by this Court to give preference to the cases of senior citizens. In this view of the matter, we permit the Petitioner to move an appropriate application for expeditious hearing before the trial court, and if such an application is moved, the trial court is directed to decide the same in the light of pendency before that court. With this direction, the writ petition is disposed of.

Sd/- Sd/- [A. M. BADAR, J.] [INDRAJIT MAHANTY, J.] Vinayak Halemath 2 / 2