Parsanbai Dhanraj Jain And ORS v. Mrs. Sunanda Madhukar Jadhav And ANR

18-MCA-56-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MIS. CIVIL APPLICATION NO.56 OF 2019 Parsanbai D. Jain & Ors.

... Applicants Vs Mrs. Sunanda M. Jadhav & Anr.

... Respondents ...

Mr. Rajesh B. Jain i/by Govilkar & Asso. for the Applicants. Mr. Kishor S. Patil for the Respondent No.1.

CORAM : SANDEEP K. SHINDE J.

DATE : APRIL 15, 2019 P.C. :

Applicants are seeking transfer of the proceedings in Obstructionist Notice No.68 of 2005 in RAE & R Suit No.872/2043 of 1992 pending Court Room No.25 in the Court of Small Causes, Mumbai to any other Court apprehending that the applicants may not get justice and/or fair trial from the Court where the proceedings are pending. Applicants are the obstructionists and the respondent no.1 is decree-holder in view of the decree dated 10th March, 2005.

Shivgan 1/2

18-MCA-56-2019.odt I have perused the order passed by this Court in Civil Revision Application No.82 of 2016 preferred by these applicants wherein the learned Judge of this Court was pleased to direct the learned trial Court to dispose of the Obstructionist Notice preferably on or before 16th March, 2018 which has been extended to 10th June, 2019. I have gone through the orders passed by the learned Judge from time to time in the various applications filed by the applicants. It appears that the applicants have also filed two petitions in this Court which are not placed in this proceedings for consideration. After hearing the parties for sometime, counsel for the applicant seeks leave to withdraw the application. Leave granted. Application is allowed to be withdrawn as dismissed. (SANDEEP K. SHINDE, J.) Shivgan 2/2