Bombay High CourtWP/589/2018disposed of

Jograj J. Chowdhary., v. Sanjay Vaman Parab And 2 ORS.,

2018-08-21Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 589 OF 2018 JOGRAJ J. CHOWDHARY., ... Petitioner

Versus

SANJAY VAMAN PARAB AND 2 ORS., ... Respondents Shri Ashwin D. Bhobe, Advocate for the petitioner. Shri R. G. Ramani, Advocate for the respondent No.1. Coram:- NUTAN D. SARDESSAI, J.

Date:- 21st August 2018 P.C.:

It has been brought to the attention of this Court that there has been a considerable delay of five years two months and three days more precisely as submitted by Shri R.G. Ramani, learned Advocate for the respondent No.1 and which has not at all been accounted for on behalf of the petitioner.

2. In any event, looking to the tenor of the order passed by the learned Trial Court, there is no illegality or perversity pointed out on behalf of the petitioner and in view thereof there is no warrant to interfere with the impugned order in exercise of the powers of superintendence of this Court under Article 227 of the Constitution of India.

3. In view thereof, the Writ Petition accordingly stands

WP/589/2018 dismissed.

4. Without prejudice however the petitioner is granted liberty to take up this ground in appeal in the event he suffers a decree of the learned Trial Court.

NUTAN D. SARDESSAI, J.