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 MISCELLANEOUS MISCELLANEOUS MISCELLANEOUS CIVIL APPLICATION NO.34 OF 2008 CIVIL APPLICATION NO.34 OF 2008 CIVIL APPLICATION NO.34 OF 2008 Ms. Kayzeen Nozar Cama ... Applicant Vs. Garib Zarthoshiona Rehethan ... Respondents Fund & Ors. Mr. Archana Gupte h/for Prakash Shah for the Applicant. Mr. Sujit S. Suryawanshi i/by Vigil Joris for Respondents CORAM CORAM CORAM : SMT. R.P. SONDURBALDOTA, J : SMT. R.P. SONDURBALDOTA, J : SMT. R.P. SONDURBALDOTA, J. DATE DATE DATE : 21ST JULY, 2008 : 21ST JULY, 2008 : 21ST JULY, 2008 P.C. P.C. P.C. :- :- :- 1. This application is filed under Section 24 of the Code of Civil Procedure, 1908 for transfer of L.E.& C. Suit No.9/10 of 1995 from Court Room No.7, then presided over by Smt. K.S. Hore to any other Court of competent jurisdiction. 2. It is alleged in the petition that the learned Judge has been extremely inconsiderate in the matter of granting adjournments to the applicant even when he was hospitalised. From the application, one does not get an idea of past performance of the applicant in the matter of attending to the proceedings and/or taking 2 adjournments therein. Today the learned Counsel for the applicant states that since the Judge, Smt.K.S. Hore is transferred from that Court, and is no longer presiding over that Court, the application for transfer does not survive and she may be permitted to withdraw the same. 3. Mr. Suryawanshi, learned Counsel for the respondents submits that the applicant has been protracting the proceedings before the Court of Small Causes till date and hence the hearing of the suit be expedited by this Court. The application for expeditious hearing of the suit is rejected. The applicant, however, is expected to be extremely diligent in attending to the suit and have the same disposed of. 4. Miscellaneous Civil Application is dismissed for want of prosecution. ( SMT.R.P. SONDURBALDOTA, J.) SMT.R.P. SONDURBALDOTA, J.) SMT.R.P. SONDURBALDOTA, J.)