Shaikh Mohd Shabbir v. The State Of Maharashtra And 14 Other

oswp2580 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2580 OF 2015 Shaikh Mohd. Shabbir

...Petitioner

vs.

State of Maharashtra & Ors.

...Respondents

Mr.Shaikh M. Shabbir the Petitioner in person Mr.R.S.Mane, AGP for the respondent Nos.1,12,13,14 and 15.

Mr.S.S.Redkar for respondent No.6 Mr.Rakesh Singh i/b M.V.Kini & Co. for respondent No.10 CORAM : A.S.OKA, & C.V.BHADANG,JJ.

DATE : JANUARY 4, 2016 P.C.:

Heard the petitioner appearing in person. It is not in dispute that the L.C.Suit No.550 of 2014 filed by the petitioner is pending in the City Civil Court at Mumbai. The substantive reliefs claimed in this petition in terms of prayer clauses (a) to(c) will have to be sought in the pending suit.

The petitioner appearing in person states that the Notice of Motion Nos.787 and 789 of 2014 have been taken out by him being for appointment of the Court Commissioner but the Trial Court has not passed any order on the said Notice of Motion. As pointed out earlier, the reliefs which are sought in this petition will have to be sought by

oswp2580 the petitioner before the Trial Court. If the grievance of the petitioner is that the Trial Court is not passing any order on the pending Notices of Motion/applications taken out by him in the pending suit, it will be open for the petitioner to move the Trial Court for expeditious hearing of the pending Notices of Motion and the applications.

If the Notices of Motion No.787 and 789 of 2014 are pending before the Trial Court, the same shall be disposed of by the Trial Court as expeditiously as possible.

In the event, the applications made by the petitioner or the Notices of Motion filed by the petitioner are rejected by the Trial Court, appropriate remedies are always open for the petitioner to challenge the order passed by the Trial Court.

Subject to what is observed above, writ petition is disposed of.

(C.V.BHADANG,J.) (A.S.OKA,J.)