1 wp6302-11 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 6302 OF 2011 Nitin @ Kalidas Anna Patil .. Petitioner Versus Manoj Anna Patil and others ... Respondents Mr. Shashank Mangle for the petitioner Mr. A. B. Vaigyani i/by Sachin M. Patil for respondents CORAM : R. Y. GANOO, J. DATED : 3rd October, 2011 P.C. 1. Rule. Rule made returnable forthwith. Learned Advocate Mr. Vaigyani appearing on behalf of respondents waives service. By consent, taken up for hearing. 2. The Respondents filed application Exh.37 in Final Decree Application No. 8 of 200 in the Court of Civil Judge, Junior Division, Islampur (hereinafter referred to as the learned trial Judge). That application came to be granted by the learned trial Judge and the final decree came to be passed. That final decree is challenged in the Regular Civil Appeal No. 24 of 2011 in the Court of learned District Judge-I, Islampur District Sangli. In the said Civil Appeal, an 2 wp6302-11 application below Exh.5 was made. That application has been rejected by the learned District Judge by his order dated 30th April, 2011. This order is impugned in this petition. 3. Heard learned advocates on both the sides. 4. Perusal of the impugned order indicates that the learned District Judge treated that present petitioner consented for an order being passed in terms of Exh.37. I have perused the reply to the said Exh.37. It is clear that the present petitioner had not consented for passing an order in terms of Exh.37. If this is the factual position, the view taken by the learned district is not correct. It is in these circumstances, the application below Exh.5 is required to be a granted. Needless to mention that Regular Civil Appeal can be decided by the learned Judge expeditiously as, it is on a small point and it is not a complicated civil appeal and hence it can be decided by the learned district judge by 31st December, 2011. 5. For the reasons mentioned aforesaid, following order is passed to dispose of the petition. i. The order dated 30th April, 2011, passed by the learned District Judge, Islampur, District Sangli below Exh.5 in Regular Civil Appela No. 24 of 2011 is set aside. The application Exh.5 is made absolute. 3 wp6302-11 ii. The learned District judge, Ismalmpur, is directed to hear and dispose of Regular Civil Appeal No. 24 of 2011 as expeditiously as possible, preferably by 31st December, 2011. It is clarified that the learned District Judge shall hear the appeal on merit without getting influenced by whatever stated in this order. iii. There shall be no order as to costs. (R. Y. GANOO, J.)