1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3386/2009 VITTHAL M. WALKE AND OTHERS VERSUS GITA PUSHPAKUMAR SHRIVASTAV 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 S.P.Bhandarkar, Advocate, for the petitioner Shri B.B.Mehadia for Respondent Nos. 1 to 5. CORAM : D.D.SINHA & F.M.REIS, JJ. DATE : NOVEMBER 6 , 2009 . Heard Shri Bhandarkar, learned counsel for the petitioners and Shri Mehadia, learned counsel for Respondents. Learned counsel for the petitioners states that petitioner is a defendant in Regular Civil Suit No. 235 of 1995 pending on the file of Joint Civil Judge, Junior Division Nagpur, and is of 72 years. It is submitted that in spite of more than 15 years, the evidence in the suit has not yet been commenced. It is further submitted that the plaintiffs and the defendants both are agreeable that the hearing of the proceeding of the suit should be expedited and 2 therefore, appropriate direction to the Civil Court be given for expediting the proceeding of the suit. Learned counsel for the respondent/ plaintiff is also agreeable for the expeditious proceeding of the suit. Normally, under Article 226 of the Constitution of India, we would not have shown indulgence so far as the issue pertaining to the Civil Courts are concerned. However, in the instant case, considering the fact that the civil suit is pending for more than 15 years and considering the age of the defendant and considering the fact that even the recording of evidence is not commenced and parties are agreeable to expedite hearing of the proceeding of the suit, we direct the concerned Civil Judge, Junior Division, Nagpur, to dispose of the suit as early as possible on its own merits in accordance with law in any case not beyond the period of 1 ½ years from the date of communication of this order. With these direction, the writ petition is disposed of. JUDGE JUDGE Rvjalit