Bombay High CourtWP/555/2016disposed of

Antonio G. Braganza, Thr. Poa Mrs. Aldila Braganza. v. State Of Goa, Thr. Chief Secretary And 9 ORS.

2016-06-13Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 555 OF 2016 ANTONIO G. BRAGANZA, THR. POA MRS.

ALDILA BRAGANZA.

... Petitioner

Versus

STATE OF GOA, THR. CHIEF SECRETARY AND 9 ORS.

... Respondent Shri Deb Jyoti Basu,Advocate for the Petitioner. Shri S. Dhargalkar, Additional Government Advocate for Respondents No.1, 9 & 10.

Coram:- C. V. BHADANG, J.

Date:- 13th June, 2016 ORAL ORDER:

Heard learned Counsel for the petitioner for sometime and the learned Additional Government Advocate for respondents no.1, 9 & 10.

2. The petitioner seeks a direction for hearing of an application Exhibit D-22 filed under Order 12 Rule 6 of the Civil Procedure Code peremptorily, by the learned Trial Court in Civil Suit No.14/2016. The petitioner has filed yet another application Exhibit D-28 under Section 151 of the Civil Procedure Code before the Trial Court for expeditious hearing of application Exhibit D-22. It is stated that the later application is fixed for say on 21/06/2016. The petitioner has also tried to make out some urgency that the petitioner is a senior citizen aged 85 years requiring hospitalisation for his heart

WP/555/2016 ailment at short notice and the dispute pertains to the obstruction of access way.

3. It appears that the Trial Court has already fixed application Exhibit D-28 on 21/06/2016. If at all there is any urgency, it is for the petitioner to persuade the Trial Court to hear the application at an early date. It is needless to mention that, if such urgency is made out, the Trial Court shall hear the application as expeditiously as possible. With this, no further orders are necessary and the Writ Petition is disposed off.

C. V. BHADANG, J.