Smt. Shamim Vikar Hussain Shaikh v. Vazir Hussain Bachhubhai Shaikh And ORS.

(6) WP-204-18.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 204 OF 2018 by BHARAT DASHARATH PANDIT Date: 2021.08.26 11:01:50 +0530 Smt. Shamim Vikar Hussain Shaikh ....Petitioner V/s Vazir Hussain Bachhubhai Shaikh and Ors.

.....Respondents Ms. Aditi Naikare i/b Pradeep J. Thorat for the Petitioner. None for Respondent No.1.

CORAM: NITIN W. SAMBRE, J.

DATE: AUGUST 23, 2021 P.C.:- As the Appeal is pending since 2014 in which it is claimed that the Petitioner/decree holder was awarded meagre compensation in exercise of powers under Order 41 Rule 5 of the Civil Procedure Code, in my opinion, Petition itself can be disposed of with the following order:-

ORDER

(a) The appeal being Regular Civil Appeal No.8 of 2014 pending on the file of learned District Judge, Kalyan is directed to be decided expeditiously as same is pending for more than seven years. Such appeal, in any case be decided within a period of 20 1/2

(6) WP-204-18.doc weeks from the date of production of this order. (b) The contention of the Petitioner that the compensation awarded is on lower side is permitted to be canvassed at the time of final hearing of the appeal and if such a contention is raised by the Petitioner, same is directed to be decided on its own merits without being influenced by disposal of this Petition.

(c) Petition is accordingly disposed of.

( NITIN W. SAMBRE, J. ) 2/2