: 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 APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO.3198 OF 2006 WRIT PETITION NO.3198 OF 2006 WRIT PETITION NO.3198 OF 2006 Kisan Ganpatrao Nimbalkar ...Petitioner. Kisan Ganpatrao Nimbalkar ...Petitioner. Kisan Ganpatrao Nimbalkar ...Petitioner. V/s. V/s. V/s. Deepak Wadhwa and Ors. ...Respondents. Deepak Wadhwa and Ors. ...Respondents. Deepak Wadhwa and Ors. ...Respondents. Shri Machhindra A. Patil for the Petitioner (Absent). Shri Machhindra A. Patil for the Petitioner (Absent). Shri Machhindra A. Patil for the Petitioner (Absent). Shri Vijay Kumar Aggrawal i/b M/s. K.V.Aiyar & Shri Vijay Kumar Aggrawal i/b M/s. K.V.Aiyar & Shri Vijay Kumar Aggrawal i/b M/s. K.V.Aiyar & Associates for the Respondent Nos.1 and 2. Associates for the Respondent Nos.1 and 2. Associates for the Respondent Nos.1 and 2. Shri C.R.Sonawane, A.G.P. for the Respondent Nos.3 and Shri C.R.Sonawane, A.G.P. for the Respondent Nos.3 and Shri C.R.Sonawane, A.G.P. for the Respondent Nos.3 and 4. 4. 4. CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & J.H.BHATIA, JJ. J.H.BHATIA, JJ. J.H.BHATIA, JJ. DATE : 5th December, 2006. DATE : 5th December, 2006. DATE : 5th December, 2006. P.C.: P.C.: P.C.: 1. Heard. 1. Heard. 1. Heard. 2. This petition is filed for limited purpose of 2. This petition is filed for limited purpose of 2. This petition is filed for limited purpose of seeking directions to the respondent no.3 to hear and seeking directions to the respondent no.3 to hear and seeking directions to the respondent no.3 to hear and decide the pending application submitted by the decide the pending application submitted by the decide the pending application submitted by the petitioner within a fixed period. petitioner within a fixed period. petitioner within a fixed period. 3. The learned counsel appearing on behalf of the 3. The learned counsel appearing on behalf of the 3. The learned counsel appearing on behalf of the respondent nos.1 and 2 has invited our attention in the respondent nos.1 and 2 has invited our attention in the respondent nos.1 and 2 has invited our attention in the roznama maintained by the respondent no.3 in respect of roznama maintained by the respondent no.3 in respect of roznama maintained by the respondent no.3 in respect of the hearings that have taken place on the application the hearings that have taken place on the application the hearings that have taken place on the application submitted by the petitioner and it is stated that the submitted by the petitioner and it is stated that the submitted by the petitioner and it is stated that the : 2 : last date fixed for hearing was 13th April, 2006 and the last date fixed for hearing was 13th April, 2006 and the last date fixed for hearing was 13th April, 2006 and the allegation made by the petitioner that no date was fixed allegation made by the petitioner that no date was fixed allegation made by the petitioner that no date was fixed is false. is false. is false. 4. Be that as it may, we direct the respondent 4. Be that as it may, we direct the respondent 4. Be that as it may, we direct the respondent no.3 to hear and decide the application submitted by the no.3 to hear and decide the application submitted by the no.3 to hear and decide the application submitted by the petitioner, if still pending, as expeditiously as petitioner, if still pending, as expeditiously as petitioner, if still pending, as expeditiously as possible and in any case, before 31st January, 2007, on possible and in any case, before 31st January, 2007, on possible and in any case, before 31st January, 2007, on its own merits. its own merits. its own merits. 5. The petition stands disposed off. Parties to 5. The petition stands disposed off. Parties to 5. The petition stands disposed off. Parties to appear before respondent no.3 in the week commencing appear before respondent no.3 in the week commencing appear before respondent no.3 in the week commencing from 11th December, 2006. Writ to go to the respondent from 11th December, 2006. Writ to go to the respondent from 11th December, 2006. Writ to go to the respondent no.3 forthwith. no.3 forthwith. no.3 forthwith. (J.H.BHATIA,J.) (B.H.MARLAPALLE,J.) (J.H.BHATIA,J.) (B.H.MARLAPALLE,J.) (J.H.BHATIA,J.) (B.H.MARLAPALLE,J.) : 3 :