 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. Letter O.W. No. 1151 of 2009 in A.O. No. 56/2008 (decided) (Sureshchandra Radhakisan Joshi Vs. Shamsundar Ramdas Agrawal & anr.) Appeal District : Application No. of 200 Writ petition - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's Orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.K. Choube, Advocate, for the appellant. Mr. V.A. Sarda, Advocate, for respondents. CORAM : Smt. Vasanti A. Naik, J. DATE : 27 th February, 2009 Perused the contents of the communication dated 20/12/2008 issued by the Principal District Judge, Akola, by which the matter is referred to the Nagpur Bench of the Bombay High Court, for necessary action for effectuating the necessary correction in the judgment dated 13th of August, 2008. It appears that the suit which was directed to be decided by this Court within a period of six months from the date of communication of the judgment dated August 13, 2008, was Special Civil Suit No. 68/2003. It is stated in the communication that the  matter between the parties is wrongly referred to as Regular Civil Suit No. 68/2003 in para 3 of the judgment and, therefore, it was not possible for the trial Court to effectuate the order passed by the High Court on 13th of August, 2008 in Appeal Against Order No. 56/2008. It is extremely improper on the part of the Principal District Judge, Akola, to state that the judgment passed by the High Court on 13th of August, 2008, in Appeal Against Order No. 56/2008 could not have been effectuated in view of the wrong reference of the case as Regular Civil Suit No. 68/2003, when the same was registered as Special Civil Suit No. 68/2003. The trial Court ought to have decided the Special Civil Suit No. 68/2003 within a period of six months. In stead of doing so, after the expiry of the period of six months from the date of the judgment i.e. 13th of August, 2008, the matter has been referred to this Court for taking necessary action. While making the necessary correction in para 3 of the judgment dated 13th of August, 2008 by substituting the words  “Special Civil Suit No. 68/2003” for the words “Regular Civil Suit No. 68/2003”, it may be informed to the Principal District Judge, Akola, that the reference for the reasons stated in the communication dated 20/12/2008 was not proper as the Special Civil Suit No. 68/2003 could have been disposed of within a period of six months from the date of the judgment dated 13th of August, 2008. The necessary correction in the judgment may be carried out within a period of two days. Registry to inform about this order to the Principal District Judge, Akola, immediately. JUDGE RMP