1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4314 OF 2009 (Shri Nilkanth R. Dongre vs. Gayabai D. Dongre & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. APRIL 15, 2010. Heard Shri Futane, learned counsel for the petitioner - plaintiff and Shri Dhabe, learned counsel for the respondents. Shri Futane, learned counsel points out that the suit is of the year 1983 and the respondents – defendants have filed various applications only to delay the disposal of suit. With the assistance of learned counsel for the parties, I have perused the impugned order. It appears that at the stage of final arguments in the suit, the respondents – defendants wanted to raise an issue about non maintainability of suit. The learned counsel for the defendants stated that he relies upon the existing evidence and he will not file any additional evidence/ documents. After recording undertaking, a limited amendment only to that plea has been granted. It is apparent that the issue about maintainability of suit could have been argued even without such amendment. 2 In the circumstances, I do not find any prejudice to the petitioner – plaintiff. Only because of anxiety of Shri Futane, learned counsel, Special Civil Suit No. 6 of 2008 (old Suit No. 120 of 1983) is expedited and trial Court is directed to decide the suit as early as possible and in any case by 31st July 2010. With this direction, writ petition is disposed of. No order as to costs. JUDGE *GS.