1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.172 OF 2005 IN NOTICE OF MOTION NO.1887 OF 2004 IN SUIT NO.3076 OF 1987 Umraomal Sardarmal Sancheti. ...Appellant vs. 1.Smt.Pushpabai Parekh & ors. ...Respondents --- Mr.P.K.Dhakephalkar, Sr.Advocate with S.K.Chaurasiya i/b. A.M.Saraogi, for Appellant. Mr.Pradeep Sancheti with Ms.Kusum Joshi i/b. Mulla & Mulla CB&C, for Respondents. --- CORAM: D.K.DESHMUKH & A.A.SAYED, JJ. DATED: 5th March,2009. P.C.:- 1. By this appeal, the appellant challenges the 2 order dated 20.9.2004 passed by the learned Single Judge of this Court rejecting notice of motion no.1887 of 2004 taken out by the appellant for passing a decree under Order XII Rule 6 of Civil Procedure Code, because according to the plaintiff, the claim of the plaintiff has been admitted by the defendants in the agreement which he has entered into with third party. The learned Single Judge has rejected the notice of motion. We also find that notice of motion no.2322 of 2000 was taken out by the same plaintiff seeking same relief on the basis of the recitals in the same agreement. That notice of motion was rejected by order dated 13.9.2000. An appeal filed against that order, we have been informed, has been dismissed for default. We have also been informed that in the suit, a written statement has been filed, issues have been framed and the suit is ripe for hearing. In the notice of motion taken out under Order XII Rule 6 of C.P.C., the Court has declined to pass decree on admission mainly because the agreement on the basis of which the decree is claimed is not yet proved in this suit. In our opinion, considering that the suit itself is 3 now ripe for hearing, no useful purpose will be served by making order in the notice of motion taken out under Order XII Rule 6 of C.P.C. In our opinion, therefore, the following order would meet the ends of justice:- Hearing of Suit no.3076 of 1987 is expedited. The learned Single Judge dealing with the suit is requested to hear and dispose of the suit as expeditiously as possible. Nothing stated in the order passed on notice of motion taken out under Order XII Rule 6 of C.P.C. will come in the way of the plaintiff to prove his claim. Parties shall be at liberty to move the learned Single Judge for fixing the date of hearing. (D.K.DESHMUKH, J.) (A.A.SAYED,J.) ---