Industrial Bhavan (Worli) Ltd. v. Dr. Sushil Kanubhai Shah And ORS.

wp5376 ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5376 OF 2015 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders None for the Petitioner Mr.Vinod Mahadik for BMC Mr.P.G.Sawant, AGP for the Respondent No.3 CORAM :A.S.OKA AND A.A.SAYED,JJ.

DATE : AUGUST 26, 2016 P.C.

None appears for the petitioner.

Only prayer made in this writ petition under Article 226 of the Constitution of India is for directing the City Civil Court to decide the Execution Application of the year 2011 within a time bound programme.

A judicial notice will have to be taken of the fact that in the City Civil Court even much older execution applications must be pending. It is only for the concerned Court before which the execution application is pending to decide whether out of turn

wp5376 priority can be given to the disposal of the execution application filed by the petitioner, considering the nature of pendency of the matters in that Court. It is for the petitioner to apply to the concerned Court with the prayer to give out of turn priority.

Subject to what is observed above, writ petition is rejected.

(A.A.SAYED,J) (A.S.OKA,J.)