1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR W. P. No. 2656 OF 2000 Prabhakar Vishwanath Tandon v. Gokulprasad Raghubardayal Tiwari & ors. ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's and Registrar's orders orders ------------------------------------------------------------------------------------------------------------------- Mr. A.S. Mehadia Advocate for the Petitioner. ..... CORAM: A.B.CHAUDHARI, J. DATED : 25 th SEPTEMBER,_2009. Not on board. Taken on board for admission. Rule heard forthwith finally. Petitioner filed a dispute in the Co-operative Court at Nagpur bearing Case No. 612/94 claiming specific performance of contract. Having come to know that the sale-deed in respect of the suit plot was executed in favour of Sanjay Kashinath Heware, petitioner wanted to amend the dispute and that is why he filed application for amendment of dispute on 17.7.1996. After filing application it appears that the petitioner did not care for the matter and did not even bother to pay Bhatta and that is why by the order dated 13.1.1997 the Co- operative Court dismissed that application for want of 2 prosecution. As late as on 3.2.2000 petitioner filed this petition and it is still pending in this Court. Respondent no.2 is not yet served and one does not know whether there is any possibility of service of this petition on respondent no.2. Fact remains that the petition is pending in this Court for no valid reasons. Perusal of the amendment application shows that the petitioner wanted to claim that the sale-deed in favour of the said person Sanjay Kashinath Heware is liable to be cancelled. In my opinion, by virtue of principles of lis pendens no prejudice would be caused to the petitioner and at such a late stage it would be wholly inappropriate to interfere in the matter. Petitioner can well prosecute his dispute before the Court even in absence of Sanjay Kashinath Heware whose sale-deed is sought to be cancelled which is because of lethargy on the part of the petitioner right from 1996. For all the above reasons, I am not inclined to entertain the present writ petition. Same is therefore dismissed. No order as to costs. JUDGE /TA/ 3