Smt. Girija Bai Marotrao Bondre v. Ganesh Dattaji Bondre

1 wp1683.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.1683/2016 Smt. Girija Bai Marotrao Bondre ..VS..

Ganesh Dattaji Bondre - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : 13.7.2016.

Heard Shri R.R. Srivastava, Advocate for the petitioner and Shri A.M. Ghare, Advocate for the respondent. The petitioner has filed appeal before the District Court challenging the judgment and decree passed by the Civil Judge Junior Division in Regular Civil Suit No.18/2013. The appeal is pending since 2013. The petitioner filed an application dated 3rd December, 2015 contending that the Small Causes Civil Suit No.347/2006 should have been decided by the Civil Judge Senior Division, and Civil Judge Junior Division had no jurisdiction to decide the civil suit. On this application, the impugned order is passed. The learned District Judge has recorded that the application will be decided at the time of hearing of the appeal on merits. As the appeal is pending since 2013, in my view,

2 wp1683.16 the following order would sub-serve the ends of justice. (i) The learned District Judge shall decide the Regular Civil Appeal No.102/2013 within six months. (ii) The point raised in the application (Exh. No.17) shall also be considered by the learned District Judge while deciding the appeal.

(iii) The petition is disposed in the above terms.

(iv) In the circumstances, the parties to bear their own costs.

JUDGE Tambaskar.