Bombay High CourtWP/3396/2016dispossed offdismiss for default

Shri Panchaleshwar Sansthan Thr. Trustees v. The Civil Judge, Seniour Division, Washim

2016-06-28Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi1 pages

1 wp3396.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3396 OF 2016 [Shri Panchaleshwar Sansthan and others .vs. The Civil Judge, Senior Division, Washim and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.N. Ghuge, counsel for the petitioners, Mrs. K.R. Deshpande, AGP for respondent nos.5 and 6. ..........

CORAM : SMT. VASANTI A. NAIK AND MRS. SWAPNA JOSHI, JJ.

DATED : JUNE 28, 2016.

The only prayer made in the instant petition is for a direction to the Civil Judge, Senior Division, Washim to decide the application filed by the petitioners under Order 7, Rule 11 of the Code of Civil Procedure. It is stated that the petitioners have filed the application under Order 7 Rule 11 of the Code of Civil Procedure more than two years earlier and the Civil Judge, Senior Division, Washim is not deciding the application and the suit is being adjourned from time to time.

Normally we would not like to issue a direction to a Judicial Officer to decide a Civil Suit or an application made therein, expeditiously. However, since it is pointed out on the basis of the roznama that the matter is being simplicitor adjourned from time to time, we are inclined to request the learned Civil Judge, Senior Division, Washim to decide the application filed by the petitioners, at the earliest. Hence, we dispose of the writ petition, with a request to the learned Civil Judge, Senior Division, Washim to decide the application of the petitioners, as early as possible. Order accordingly. No costs.

JUDGE JUDGE Gulande