1 9wp.4213-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4213 OF 2011 Vishnu Tulsidas Sipahimalani. ..Petitioner. Vs. Smt.Kanta Suresh Sipahimalani & Anr. ..Respondents. .... Mr.A.V. Anturkar & Ms. Jyoti S. Iyer, i/b. S.J. Khera, for the Petitioner. Mr.S.A. Bhalwal, i/b. Vyas & Bhalwal & Co. for Respondent No.1. .... CORAM : D. D. SINHA & A. R. JOSHI, JJ. DATED : 03rd AUGUST, 2011 P.C. 1. Learned Counsel for the Petitioner seeks permission to delete Respondent No.2 from the array of Respondents in the Petition. Permission is granted. At the risk of the Petitioner, appropriate deletion be carried out forthwith. 2. Learned Counsel for the Petitioner has submitted that though the prayers made in the Petition are many, however, the PPD 2 9wp.4213-11 only prayer which the petitioner is pressing in action is that – direction be given to the trial Court to consider and decide the following applications : i. Application dated 2.7.2005 filed by the Petitioner (Plaintiff) for appointment of receiver; ii. Application dated 6.8.2009 which is filed by the Petitioner (Plaintiff) under Order 12 Rule 6 of Civil Procedure Code; and iii. Application dated 26.4.2010 filed by the petitioner under Order 11 Rule 1 of Civil Procedure Code. 3. Learned Counsel for Respondent No.1 who is the original Defendant in Special Civil Suit No.263 of 2002, does not have any objection in this regard; on the contrary is also interested in concluding the civil proceedings, which are pending for long. 4. On the backdrop of the above referred facts, it is evident that the Petitioner (Plaintiff) as well as the Respondent No.1 (Defendant) both are agreeable that the trial Court may be directed to decide the aforesaid three applications. In the circumstances, we see no impediment in doing that. 3 9wp.4213-11 5. Hence, Writ Petition is disposed of with direction to the trial Court to decide the above referred three applications filed by the Petitioner (Plaintiff) if not decided earlier in accordance with law and procedure applicable in this regard on its own merits as early as possible, in any case, not beyond the period of three months from the date of communication of this order. The Petitioner as well as Respondent No.1 undertake to give complete cooperation to the trial Court in deciding the above referred applications in concluding the proceedings of the Civil Suit. (D. D. SINHA, J.) (A. R. JOSHI, J.)