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Bombay High CourtMCA/122/2016disposed off

Shri Chirag Devendra Bhanushali v. Smt. Jagrutiben Atulbhai Patel

2016-05-03Hon'Ble Shri Justice G. S. Kulkarni3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Misc.Civil Application (ST) NO. 11190 OF 2016 Shri Chirag Devendra Bhanushali ...Applicant

Versus

Smt. Jagrutiben Atulbhai Patel

...Respondent

None for the Appellant.

None for the Respondent.

CORAM:

G. S. KULKARNI, J.

DATED:

3rd May, 2016 --- PC:- Not on board taken on board on the production praecipe as filed by the learned Counsel for the Applicant. 1.

By this application which is titled as Application under Section 151 of the Code of Civil Procedure, the Applicant has made the following prayers:- "(a) This Hon'ble be pleased to direct the learned Civil Court Senior Division at Panvel, Dist.Raigad to decide the Special Civil Suit No.472 of 2008 pending before him in accordance with law expeditiously and preferably within a period of eight weeks."

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A grievance is made that the said Civil Suit is pending for quite some time. The civil suit pertains to the year 2008 and is pending before the Civil Judge, Senior Division, Panvel, Dist. Raigad and therefore, directions are required to be issued by this Court to direct the Civil Judge, Senior Division, Panvel, to expeditiously hear and dispose of the suit within a period of eight weeks.

3.

The applicant in fact would be at liberty to move such an application before the appropriate Court in this regard. However, the Applicant has directly approached this Court by this Application under Section 151 of the Code of Civil Procedure. It would be appropriate that the Applicant approaches the learned Trial Judge by making an application to expedite the hearing of this suit.

4.

In the meantime it would be also be desirable that the learned Civil Judge, Senior Division at Panvel, Dist. Raigad on whose file Special Civil Suit No.472 of 2008 is pending would forward the report to the learned District Judge, Dist. Raigad informing as to why this suit has remained pending for such a long period.

5.

The learned District Judge, District Raigad shall consider the information received from the learned Civil Judge, Senior Division, Panvel

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Miscellaneous Civil Application (stamp) No.11190 of 2016 is accordingly disposed of in terms of the above directions. (G. S. KULKARNI,J.)