Gujarat High Court
CIVIL APPEAL 10083 of 2016 on 21 April 2016
IN THE HIGH COURT OF GUJARAT AT AHMEDABADR/SPECIAL CIVIL APPLICATION NO. 10083 of 2016
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REKHABEN DILIPBHAI GOSWAMI VersusJAYESH RATILAL PATEL & 2 other(s)
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Appearance:BHARGAV KARIA AND ASSO(6631) for the Petitioner(s) No. 1MR BR PARIKH(570) for the Respondent(s) No. 1,2MR DJ BHATT(164) for the Respondent(s) No. 3MRS REKHA B PARIKH(580) for the Respondent(s) No. 1,2
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CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 04/09/2019
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ORAL ORDER
The captioned Special Civil Application was disposed of by order dated 31.7.2018, the operative order of which reads as under, “7. In view of the foregoing discussion, order dated 21st April, 2016 is hereby set aside. The proceedings of application Exh.37 is hereby remanded to the court of leaned Additional Senior Civil Judge, Anand. The trial court is directed to take up the said application Exh.37 along with application Exh.36 of the Bank which was for the same prayer, for hearing afresh on merits after giving opportunity to all the sides and decide the same anew in accordance with law and in light of the observations and directions in the present order. The exercise shall be completed by the trial court of rendering the fresh decision as above within period of 10 weeks from the date of receipt of the present order.
8. This Court has refrained from adverting to merits of the case in the applications concerned since the proceedings are remanded to be decided by the trial court afresh as above.
9. The present petition stands partially allowed in the aforesaid terms.”
2. Now, the papers of the petition are placed before the court alongwith the submission of the Registry dated 31.8.2019 accompanied by copy of letter dated 23.8.2019 of the learned 3[rd ]Additional Senior Civil Judge, Anand, in which the learned judge has requested for extension of time for six months to dispose of the application Exhibit 36 and application Exhibit 37, which were required to be disposed of within a period of ten weeks from the date of receipt of the order.
3. The request made by learned judicial officer for extension of six months, is too unreasonable to be countenanced in the facts of the present case.
4. However, time is allowed to learned judge concerned to comply with the directions given in para-7 of judgment dated 31.7.2018 passed in the captioned petition on or before 21[st ]October, 2019, invariably.
5. This Note is accordingly disposed of.
C.M. JOSHI
(N.V.ANJARIA, J)