1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3117 of 2009 In WRIT PETITION NO. 8220 of 2008 Sidney Francis Gomes & anr. ....Applicant v/s. State of Maharashtra & ors. ....Respondents Ms. Treasa Samuel for the applicant/respondent no.4 present in person. Mr. I.S.Melwan with Mr. R.K. Thakkar for petitioner in WP 8220/08. CORAM:- A.M.KHANWILKAR, J DATED:- January 08, 2010. P.C. By this Praecipe, the original Writ Petitioner has invited my attention to the Roznama dated 13th November, 2009 in which the trial Court Judge has observed that the High Court may consider transferring the matter from his Court. I see no propriety in acceding to this request. If the case is assigned to the Judge, he is under obligation to proceed with the trial. If he finds that the party is misbehaving or misconducting himself/herself, he may consider of initiating appropriate action against such party but that cannot be ground for making request to the High Court for transfer of the case himself. 2 2. In the circumstances, no further directions are required. The trial Court Judge may proceed in accordance with law. 3. It is made clear that this observation will not preclude the Respondent No. 4 from filing appropriate application as per the liberty granted by this Court which will have to be decided on its own merits. (A.M.KHANWILKAR, J)