Mrs. Seemantini Shrirang Noolkar v. Life Insurance Corporation Of India

1 21 WP 3756-16.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 3756 OF 2016 Mrs.Seemantini Shrirang Noolkar.

.. Petitioner Vs Life Insurance Corporation of India.

.. Respondent Mr.Kishor Tembe, for the Petitioner.

Mr.Ramesh Cheulkar, for the Respondent.

CORAM : N.M.Jamdar, J.

Saturday, 15 October 2016.

P.C. :

Though the conduct of the Respondent in taking possession of the suit property during the hearing of the interim relief application cannot be stated to be befitting the public body, since the learned counsel for the Petitioner has submitted that the appeal pending before the learned District Judge, Pune be taken up on expeditious basis, it is not necessary to take the matter further on those lines. Considering the fact that the statutory appeal is pending and the Petitioner is dispossessed in the above circumstances, the learned District Judge will give priority to the disposal of the appeal. In fact, when the application for restoration of the possession was rejected the learned District Judge should have expedited the hearing of the Appeal. Considering this position, the Writ Petition is

2 21 WP 3756-16.doc disposed of by directing the learned District Judge Pune, to decide the Appeal filed by the Petitioner within period of three months from today.

(N.M.Jamdar, J.)