Parshuram Shimgya Koli v. Anant Chander Koli And ORS

9- wp-6564-2023.doc Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST.) NO.4564 OF 2023 Parshuram Shimgya Koli ... Petitioner V/s.

Anant Chander Koli and Ors.

... Respondents Digitally signed by NIKITA KAILAS DARADE Date:

2023.09.05 15:19:40 +0530 NIKITA KAILAS DARADE Mr.Ashraf Kapor a/w Mr. Danish Ansari i/b Mr. Mohammed Zain Khan for the Petitioner.

Mr. Rohit Sakhadeo for Respondent Nos.13 to 15.

CORAM

: AMIT BORKAR, J.

DATED : SEPTEMBER 5, 2023 P.C.:

1.

The petitioner is seeking direction against the Trial Court to decide interim application expeditiously.

2.

In substance, the petitioner is seeking mandamus. Without there being request is made before the Court and consequent refusal, relief of mandamus cannot be granted in the absence of such application being filed before the Trial Court. The present petition is not maintainable.

3.

However, it will be open for the petitioner to file appropriate application before the Trial Court and after such application is filed, the Trial Court shall decide such application in accordance with law.

9- wp-6564-2023.doc 4.

The writ petition is disposed of. No costs.

(AMIT BORKAR, J.)