1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 643/2007 Smt. Laxmibai M. Kaikade & Ors..vs.. Smt. Sarubai C.Thakre & Ors. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM: R. V. MORE, J. DATED : 11 th March, 2008 1. Heard Mr. Dubey, Advocate holding for Mr. Ninawe, Advocate for the petitioners and Mr. Dhoble, Advocate for respondent No. 1. None for respondent No. 3 though served. 2. Learned counsel for the petitioners and respondent No. 1 make statement that respondent No. 3 is the original plaintiff, therefore, her presence may not be necessary for disposal of the present petition. The petitioners seek oral leave to delete name of respondent No. 2. Leave granted at the risk of the petitioners. 3. The petition takes exception to the order of the trial Court dated 06.11.2006 passed below Exh.-49 in Special Civil Suit No. 43/1999 whereby the petitioners' application for issuing summons to the Office of Sub-Registrar, Kamptee calling for the record of mutual partition deed registered on 18.06.1997 along with Day-Book, came to be rejected. 4. This Court granted Rule in the matter on 10.01.2008 2 and made returnable after eight weeks and interim stay was continued. Mr. Dhoble, learned counsel for respondent No. 1 submitted that he has no objection if the petitioners' application at Exh.-49 before the trial Court is allowed provided the hearing of the suit is expedited. 5. In view of the consent given by both the counsel appearing for the petitioners and respondent No. 1, I dispose of the petition by passing the following order. (i) The impugned order dated 06.11.2006 passed by Jt. Civil judge Senior Division, Nagpur below application at Exh.- 49 in Special Civil Suit No. 43/1999 is quashed and set aside and the petitioners' application at Exh.-49 is allowed. The learned trial Judge namely Jt. Civil Judge Senior Division, Nagpur is directed to hear and dispose of the petitioners' Special Civil Suit No. 43/1999 as expeditiously as possible and in any event within a period of three months from the date of receipt of this order. (ii) The writ petition stands disposed of with no order as to costs. JUDGE kahale