: 1 : 3643-11-wp=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3643 OF 2011 Shantilal Lalchand Jain .. Petitioner v/s. Mrs. Chandralekha Vimal Shukla & Ors. .. Respondents ......... Mr. Y.K. Sharma with Ms. Meenakshi Sakhare i/b Jhangiani Narula & Associates for the petitioner Ms. Shakuntala A. Mudbidri for respondent nos. 1 and 2. Mr. S.D. Railikar, AGP for respondent no.3 ......... CORAM : R.Y.GANOO, J DATE : 6th SEPTEMBER,2011. P.C. : 1. Rule. Rule made returnable forthwith. 2. Learned Counsel appearing on behalf of the respondent nos. 1 and 2 as well as Counsel appearing on behalf of respondent no.3 waives service. By consent, petition is taken up for hearing forthwith. : 2 : 3643-11-wp=.sxw 3. The petitioner is the plaintiff before the learned Civil Judge, Senior Division at Palghar in S.C. Suit No. 25 of 2008 on 16th April, 2011. The Petitioner sought an adjournment of 3 to 4 days to file the reply to the application for appointment of Court Commissioner. That application came to be rejected by order dated 16th April, 2011 passed by learned Civil Judge, Junior Division, Palghar on the ground that the suit was to be disposed of in the time bound manner as per the order passed by this Court. I have perused order dated 16th April, 2011. It may be true that this Court has directed that the suit should be disposed of expeditiously. However, that does not mean that the principles of natural justice should not be followed. In my view, learned Civil Judge, Junior Division, Palghar should have granted one adjournment by way of indulgence so as to see that the petitioner gets an opportunity to file a reply to the application for appointment of Court Commissioner. I am inclined to set aside order dated 16th April, 2011 and grant two weeks time to the petitioner so that the learned Civil Judge, Junior Division, Palghar can hear and dispose of the application, which was pending before me. Hence, following order is passed to dispose of the petition. : 3 : 3643-11-wp=.sxw ORDER (i) Order dated 16th April, 2011 passed by learned Civil Judge, Junior Division, Palghar below Exh.139 in S.C. Suit No.25 of 2008 is set aside. (ii)The petitioner to file reply before the learned Trial Judge on or before 22nd September, 2011. Matter shall appear on board before the learned Civil Judge, Junior Division, Palghar on 23rd September, 2011 for further action. There shall be no order as to costs. (iii)Time to dispose of the suit is extended upto 31st March, 2011. (R.Y.GANOO, J.)