ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 5283 OF 2007 APPLICATION NO. 5283 OF 2007 APPLICATION NO. 5283 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO.2232 OF APPEAL NO.2232 OF APPEAL NO.2232 OF 2005 2005 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.D.Mogre for the applicant. Mr. Anand Singh i/by Mr. M.P.Vashi for respondent Nos. 1,5 and 6. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 24th October, 2007. : 24th October, 2007. : 24th October, 2007. P.C. P.C. P.C. 1. The appellant is the original plaintiff. The appeal after admission is pending for the final hearing. However, pursuant to the Full Bench judgment of this Court in Prabhudas Prabhudas Prabhudas Damodar Kotecha Vs. Smt. Damodar Kotecha Vs. Smt. Damodar Kotecha Vs. Smt. Manoharbala Manoharbala Manoharbala Jayram Damodar, 2007(5) Jayram Damodar, 2007(5) Jayram Damodar, 2007(5) Mh. Mh. Mh. L.J. 341, L.J. 341, L.J. 341, the appellant by this application seeking order in terms of prayer clause (a), which is reproduced as under:- . "this Hon’ble Court be pleased to return the suit filed in the Bombay City ( 2 ) Civil Court at Bombay, Short Cause Suit No. 3265 of 1975 for being presented to the Court of Small Causes at Bombay and the same be directed to be disposed of, by the said Court of Small Causes at Bombay in a time bound schedule;" 2. The other side has no objection for the same. Taking note of the averments made, the present application is allowed in terms of prayer clause (a). The Small Causes Court at Bombay, in the facts and circumstances of the case, on specially, as the suit is of the year 1975, dispose of the same preferably within two years. 3. Office to send the record and proceedings. 4. The Civil Application is allowed and disposed of accordingly. 5. The first appeal is also, disposed of, accordingly. ( 3 ) [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]