Baban Namdeo Bhondave v. Dhondiba Devaram Bhondave And ANR.

25.CAW1006_2017.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 1006 OF 2017 IN WRIT PETITION No. 6753 OF 2011 Baban Namdeo Bhondave ... Applicant in the matter between Dhondiba Devaram Bhondave & Anr.

... Petitioners Vs.

Baban Namdeo Bhondave & Ors.

... Respondents Mr. Sachin R. Pawar, Advocate for the applicant. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 26th April, 2017.

P.C.:

This Application is made by the applicant/original respondent no. 1 in Writ Petition No. 6753 of 2011, which was dismissed by this Court by the order dated 7th December, 2011.

2.

The learned counsel for the applicant submitted that at the time of dismissing the Writ Petition, this Court has directed the trial Court to expedite Regular Civil Suit No. 2362 of 2010. However, no steps are taken by the trial Court. The plaintiff is remaining absent continuously, hence the learned counsel for the applicant seeks that direction be given to the trial Court to implement the order passed by 1 / 2

25.CAW1006_2017.doc this Court.

3.

Considering the nature of the Application and the prayer made therein which is based on the order passed by this Court on 7th December, 2011, this Application can be disposed of with the following direction:

"The trial Court to proceed with the matter and expedite the Suit pursuant to the direction given by this Court by order dated 7th December, 2011 in Writ Petition No. 6753 of 2011, within a year."

4.

Civil Application is disposed of.

(MRIDULA BHATKAR, J.) 2 / 2