Mr. Sagar Maruti Suryawanshi v. M/S. Rock Enterprises,Through Its Partners,Anthony Rock Paul And ORS
24. civil wp 15480-22.doc R.M. AMBERKAR (Private Secretary) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION WRIT PETITION NO. 15480 OF 2022 Sagar Maruti Suryawanshi .. Petitioner
Versus
M/s. Rock Enterprises & Ors.
.. Respondents ....................
Mr. Shrinivas Bobde a/w Ms. Deepali Kedar i/by Mr. Sagar Kursija for Petitioner ...................
CORAM
: MILIND N. JADHAV, J.
DATE : DECEMBER 19, 2022 P.C.
:
1. Heard Mr. Bobde, learned Advocate for Petitioner. 2.
Perused the impugned order dated 30.08.2022 which reads as under:- "Business :
called on today.
Next Purpose :
Filing of Say on Exh ____ Ready Next Hearing Date :
22-09-2022"
3. Perusal of record indicates that admittedly, Summary Suit has been filed in the year 2013. The roznama before the learned Civil Judge Senior Division, Pune is placed at Exh. D and it is seen that the suit has appeared on board on several occasions. Perusal of roznama further indicates that evidence of parties also appears to have been completed.
4.
Record further indicates that the dispute between the parties has arisen pursuant to the agreement dated 15.01.2001 which led to the
24. civil wp 15480-22.doc Petitioner filing Special Civil Suit No. 510 of 2007 for specific performance of the said agreement. Record further indicates that the parties agreed to compromise the said suit and accordingly, the said suit was withdrawn subsequently. Thereafter since the Respondents did not honour the compromise and pay the balance amount as agreed between the parties, the present Summary Suit No. 49 of 2013 was filed.
5.
Mr. Bobde fairly pressed for prayer clause (c) of the Writ Petition in the interest of justice and sought early disposal of the suit. Prayer clause (c) reads as under:- "c.
This Hon'ble Court may kindly be pleased to expedite the proceedings of Special Summary Suit No. 49 of 2013 pending before the file of learned Civil Judge Senior Division, Pune."
Request made by Mr. Bobade is fair and accepted. 6.
Considering the lis between the parties and that the suit is filed in 2013, in the interest of justice, the learned Trial Court is requested to dispose of the pending suit as expeditiously as possible and in any event within a period of six months from today. 7.
With above directions Writ Petition is disposed. [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:
2022.12.21 14:22:12 +0530 RAVINDRA MOHAN AMBERKAR