1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 3967 OF 2010 Smt. Maltibai Mahadeorao Parate -: VERSUS :- Mahendra Roshansingh Thakur and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : OCTOBER 11, 2010. Heard Shri B.G. Kulkarni, learned Counsel for petitioner and Shri O.D. Kakde, learned Counsel for respondent no.1. Other respondents, though served with notice for final disposal have chosen not to appear. Both the learned Counsel have on earlier occasion tried to settle the matter amicably. Grievance before this Court is limited. In a suit for specific performance, the petitioner/defendant has filed an application under Order XII Rule 6 of C.P.C. for passing decree on admission. This application is filed on 24.11.2009 and till today, though period of 11 months have expired the 2 Trial Court has not passed any orders on it. This inaction on the part of the trial Court has resulted in filing of present Writ Petition. This Court while issuing notice in the matter on 27.08.2010 observed that the Trial Court is free to pass appropriate orders on said exhibit in the meanwhile. It is reported that after 27.08.2010 till date no orders again are passed on Exh.11. Shri Kulkarni, learned Counsel orally informs that on 14.06.2010 the matter has been adjourned for framing of issues and till date issues are also not framed. It is apparent that had the trial Court passed appropriate orders on Exh.11 filing of writ petition could not have been necessary. It is the omission of Trial Court to pass such orders on Exh.11 which has led to filing of Writ Petition. These observations therefore, should be communicated by the Registry of this Court to the Trial Court for further appropriate action. The parties are directed to appear before the Trial Court on 12.10.2010 and the Trial Court to pass appropriate orders on Exh.11 after hearing the parties by 18.10.2010. Parties are directed to communicate this order by filing appropriate affidavit. The Trial Court to act on such affidavit. 3 With these directions, Writ Petition is partly allowed. Rule accordingly. No costs. Copy of this order be furnished to parties to act upon. JUDGE Rgd.