1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4323 OF 2008 WRIT PETITION NO.4323 OF 2008 WRIT PETITION NO.4323 OF 2008 Mr.Raymond R. Tixeira .. Petitioner. vs. Mr.Roque Nicholas Tixeira (since deceased) & Ors. .. Respondents Mr.R.N.Gaonkar for the petitioner Petitioner present in person CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & S.J. KATHAWALLA, JJ. S.J. KATHAWALLA, JJ. S.J. KATHAWALLA, JJ. DATE: 1ST DECEMBER, 2008. DATE: 1ST DECEMBER, 2008. DATE: 1ST DECEMBER, 2008. P.C. 1. Heard. 2. We have gone through the report received from the 3rd Joint, Civil Judge (Senior Division), Thane through the Principal, District and Sessions Judge, Thane. From the status report, this court finds that both the parties are responsible for delaying the matter. Therefore, we direct the trial court to proceed with the matter in accordance with law. As per the report, the next date is 18.12.2008. We expect the parties not to seek adjournment. The trial court should take strict view in the matter as it is not powerless and the Code of Civil Procedure vests with 2 the trial court sufficient powers to impose costs or otherwise proceed against any of the parties who fail to cooperate in the matter in accordance with the Code of Civil Procedure Code. 3. We are inclined to make this observation for the reason that the parties have been seeking adjournments on the ground of pendency of this petition. In our view, the petitioner by filing this petition has abused the process of court rather than prosecuting the matter in the trial court. Therefore, with the aforesaid direction to the trial court, the petition is dismissed with costs which we quantify at Rs.5,000/- Cost to be paid in the Trial Court on or before the next date i.e. 18.12.2008. On default of paying cost, the trial court will not entertain the application filed by the petitioner. Copy of the order be forthwith transmitted by fax to the Principal, District and Sessions Judge, Thane and the order be conveyed on telephone. Counsel for the petitioner to take note (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) 3 (S.J. Kathawalla, J.) (S.J. Kathawalla, J.) (S.J. Kathawalla, J.)