IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3675 OF 2008 Shri.Vinod V.Dharod ...Petitioner V/s. Miss.Mary Catherine Andrades (since deceased through her legal heirs) 1/1.Shri.Fedroline Anthony Joseph Andrades & Ors. ...Respondents ...... Mr.H.V.Kode for Petitioner. Mr.Owen Menezes i/b Mr.R.P.Mudholkar for Respondent No.1/1. Mr.Prakash Shah with Ms.Archana Gupte i/b Mr.P.M.Shah for Respondents 1/3 to 1/19. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. JANUARY 27, 2009. JANUARY 27, 2009. JANUARY 27, 2009. P.C. 1. Heard Counsel for the parties. 2. The limited grievance in this Petition that needs to be addressed is that the lower Court has failed to consider the application moved by the : 2 : Petitioner for taking the Consent Terms on record and to pass appropriate orders in the Suit on the basis of the said Consent Terms without any sufficient cause. The Application, though filed as back as on 19th September 2005 Exhibit 173, has remained undecided and has been adjourned by now for at least 27 times. 3. Without examining the correctness of the stand taken by the parties, the appropriate course is to direct the Trial Court to decide the said Application (Exhibit 173) on its own merits in accordance with law within four weeks from today. 4. The Respondent No.1/1 through Counsel assures to extend full cooperation to the Trial Court for early disposal of the said Application. That assurance is accepted. It is made clear that if the Trial Court is of the opinion that adjournment request is made at the instance of Respondent No.1/1, the same shall be declined in view of the assurance given by the said Respondent before this Court so as to ensure that the Application Exhibit 173 is decided within the : 3 : specified time. 5. The parties shall appear before the Trial Court on 30th January 2009, on which date, the Trial Court shall take this matter as first on board on that date and proceed with the hearing of the Application on the same date if so advised, while ensuring that the Application is finally disposed of within four weeks from today. 6. Petition disposed of on the above terms. A.M.KHANWILKAR, J.