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Bombay High CourtCAA/1072/2016

Jayantibhai Talakchand Shah v. Bipinbhai Jaysukhlal Mehta And ORS

2018-03-13Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

P.H. Jayani 36 CAA1072.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1072 OF 2016 IN APPEAL FROM ORDER NO. 840 OF 1999 Jayantibhai Talakchand Shah .....Applicant In the matter between :- Bipinbhai Jaysukhlal Mehta & Ors.

.....Appellants v/s.

Jayantibhai Talakchand Shah ......Respondent Mr. Rajesh Jain a/w. Mr. Ameya Mahajan & Ms. Dhanashree Shinde i/b. Legal Juris for the applicant.

P. Ramchandani and Mr.R.R. Shah i/b. Haresh Moti Advani for respondent nos.1 to 12.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 13th MARCH, 2018.

P.C. :- .

By this application, the applicant has sought to extend the time to dispose of Special Civil Suit No.3741 of 1998 pending before City Civil Court, Mumbai.

2.

By order dated 02nd May, 2000, the trial court was directed to dispose of the suit finally by December, 2001. By order dated 21st March, 2001, this Court extended the time to dispose of the suit till 30th June, 2001. It is stated that though 16 long years have lapsed, the trial court has neither disposed of the suit within the stipulated

P.H. Jayani 36 CAA1072.16.doc time, nor sought for an extension of time. The approach of the trial court appears to be most casual.

3.

The learned counsels for the respective parties have submitted that the matter is now taken up day to day and that efforts are made to dispose of the same expeditiously.

4.

Considering the above fact situation, the learned Judge, City Civil Court, Mumbai is directed to explain as to why the directions have not been complied with. The City Civil Court is further directed to dispose of the Special Civil Suit No.3741 of 1998 finally within a period of six months from the date of uploading of this order. It is made clear that considering the fact that the matter is pending for over a period of 16 years, no further extension will be granted. Both parties are directed to co-operate and ensure that they do not delay the matter any further. Civil Application stands disposed of accordingly.

(SMT. ANUJA PRABHUDESSAI, J.)