1 WP No.9438/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9438 of 2010 Madhukar Waman Tansalkar ... Petitioner versus Haritara Construction Company ... Respondent ... Mr. Dakshesh Vyas i/ b D.S.Sabnis for the petitioner Mr.Ketan Chotani with Manjari Parasnis i/b Tushar V. Shah for the respondent. CORAM : D.G. KARNIK, J DATED : 3rd February 2011 P.C. 1. This petition is directed against an order passed by the trial court on an application made by the respondent landlord for demolition of the suit premises forthwith. 2. After the application was heard on admission, realizing the difficulty that such an order for demolition of the suit premises during the pendency of the suit could not have been passed, learned counsel for the respondent seeks leave to withdraw the application made by him before the trial court for demolition of the suit premises and only prays that order may be passed for expeditious hearing of the suit. 2 WP No.9438/10 3. While granting the request of the withdrawal of the application made on which the impugned order has been passed, I cannot accede to the request for expediting hearing of the suit. The suit must be heard only in accordance to its own turn and not out of turn. Hence I pass the following order: 4. The respondent is allowed to withdraw the application made at Exhibit 17. Consequently, the impugned order passed below Exhibit 17 is quashed and set aside. The trial court shall hear the suit only according to its own turn and according to its seniority and not out of turn. (D.G.KARNIK, J)