Darshan Anilkumar Patel vs Pravinkumar Jinabai Patel, Since ...
2021 Latest Caselaw 12657 Bom

                                                                           25.WP.9785.21.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                             WRIT PETITION NO.9785 OF 2021

         Shri Darshan S/o. Anilkumar Patel,
         Age : 49 years, Occu. Business
         R/o. Kalpita Enclave CHS,
         E-1 Building, Flat No.1 and 2,
         Ground Floor, Sahar Road,
         Koldongri, Andheri (East),
         Mumbai-400 069.                              ...       PETITIONER

               VERSUS

1.       Pravinkumar Jinabai Patel,
         Since deceased represented through
         his legal heirs & representatives,
1-A.     Smt. Savitaben Pravinchand Patel,
         Age : 66 years, Occ. Business,
         R/o. Plot No.40, 41, Patel Nagar,
         Near Collector's Bungalow,
         Jalgaon, District Jalgaon.
1-B.     Sau. Kalpita S/o. Dilip Patel,
         Age : 49 years, Occ. Business,
         R/o. Plot No.40, 41, Patel Nagar,
         Near Collector's Bungalow,
         Jalgaon, District Jalgaon.
         And
         Flat No.773, Takshashila
         Housing Society No.2,
         Fulchhab Chowk,
         Rajkot-360 002 (Gujarat).
1-C.     Sau. Alpita Jayesh Soni,
         Age : 47 years, Occu. Business,
         R/o. Flat 4, Maple House,
         45, Lismore Boulevard,
         London - NW-94 EG,
         United Kingdom
         And
         R/o. Plot No.40, 41, Patel Nagar,
         Near Collector's Bungalow,
         Jalgaon, District Jalgaon.
1-D.     Sau. Trupti Amish Kothari,
         Age : 45 years, Occ. Business,
         R/o. Plot No.40, 41, Patel Nagar,

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         Near Collector's Bungalow,
         Jalgaon, District Jalgaon.
         And
         811, Takshashila Housing Society
         No.2, opposite Star Plaza,
         Fulchhab Press, Sada
         Rajkot-360 002 (Gujarat).
2.       Jayshri Jugalkishore Lathi,
         Age : 58 years, Occ. Household,
         R/o. Behind Bombay Lodge,
         Navi Peth, Jalgaon,
         Tq. & District Jalgaon.
3.       Sandeep Shivnarayan Zavar,
         Age : 49 years, Occ. Business,
         R/o. Behind Bombay Lodge,
         Navi Peth, Jalgaon,
         Tq. & District Jalgaon.
4.       Indumati Omkardas Kabre,
         Age : 78 years, Occ. Household,
         R/o. Dharangaon, Tq. Dharangaon,
         District Jalgaon.
5.       Sadhana Bhushan Mundada,
         Age : 50 years, Occ: Household,
         R/o. Pimprala,
         Tq. & Dist. Jalgaon.
6.       Ku. Jivanrani Narendra Raisoni,
         Minor, through Sangita Narendra Raisoni,
         R/o. Jaikisanwadi, Jalgaon,
         Tq. & District Jalgaon.
7.       Sulochana Prakash Jain,
         Age : 58 years, Occ: Household,
         R/o. Jaikisanwadi, Jalgaon,
         Tq. & District Jalgaon.
8.       Vimal Shankar Sakhare,
         Age : 59 years, Occ. Household,
         R/o. Plot No.2, Vrundavan Apartment,
         Hareshwarnagar, Jalgaon,
         Tq. & District Jalgaon.
9.       Shankar Jagannath Sakhare
         (Deceased) through his legal heirs.
9-1.     Vimal Shankar Sahkare
         Age : 80 years, Occ. Household,
         R/o. Plot No.2, Vrundavan Apartment,
         Hareshwarnagar, Jalgaon,
         Tq. & District Jalgaon.
9-2.     Anil Shankar Sakhare,

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          Age : 58 years, Occu. Service,
9-3.      Sunil Shankar Sakhare,
          Age : 65 years, Occu. Service,

          Nos. 9-2, 9-3, Plot No.1 and 2,
          Vrundavan Apartment,
          B-Building, Hareshwarnagar, Jalgaon,
          Tq. & District Jalgaon.
10.       Chhaya Prakash Potdar,
          Age : 51 years, Occu. Household,
          R/o. Block No.6, Vrundavan Apartment,
          B-Building, Hareshwarnagar, Jalgaon,
          Tq. & District Jalgaon.
11.       Girnari Rameshwar Agrawal,
          Age : 63 years, Occu. Household,
          R/o. Ground Floor, Vrundavan Apartment,
          Hareshwarnagar, Jalgaon,
          Tq. & District Jalgaon.
12.       Vinod Rameshwar Agrawal,
          Age : 64 years, Occu. Business,
          R/o. Block No.3, Vrundavan Apartment,
          Hareshwarnagar, Jalgaon,
          Tq. & District Jalgaon.
13.       Kantilal Motilal Chajed,
          (Deceased) through his L.Rs.,

13-A. Rajendra Kantilal Chajed,
      Age : Major, Occu. Business,

13-B. Vimal Kantilal Chajed,
      Age : Major, Occu. Business,

13-C. Hemant Kantilal Chajed,
      Age : Major, Occ. Business,

      Nos. 13-A to 13-C
      R/o. Ankita Bunglow,
      Ganesh Colony, Jalgaon,
      Tq. & District Jalgaon.
13-D. Pravin Kantilal Chajed,
      Age : Major, Occ. Business,
      R/o. Sofinco Industries Pvt. Ltd.,
      Kaveri Complex, 50, Nungabakkam,
      High Court Road, Chennai.
13-E. Sunita Surendra Tated,
      Age : Major, Occ. Household,

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      R/o. Maharashtra Bank,
      Adnera, District Amravti.

13-E-E. Sangita Pramod Khivsara,
      Age: Major, Occ. Household,
      R/o. Chandan Apartment,
      Pratapnagar, Jalgaon,
      Tq. & District Jalgaon.
13-F. Sadhana Jabarchand Chopda,
      Age : Major, Occ. Household,
      R/o. A.P.R. Colony, Katanga,
      Jabalpur (M.P.)
14. Hemand Kantilal Chajed,
      Age : 48 years, Occ. Business
      R/o. Vrundavan Apartment,
      B-Wing, 1st Floor,
      Hareshwarnagar, Jalgaon,
      Tq. & District Jalgaon.
15. Asha Kishor Medhe,
      Age : 58 years, Occu. Business,
      R/o. Vrundavan Apartment,
      B-Wing, 1st Floor,
      Hareshwarnagar, Jalgaon,
      Tq. & District Jalgaon.
16. Shivaji Gangadhar Temkar,
      Age : 73 years, Occu. Business,
      R/o. Vrundavan Apartment,
      B-Wing, 2nd Floor,
      Hareshwarnagar, Jalgaon,
      Tq. & District Jalgaon.
17. Chandramohan Gangadhar Temkar,
      Age : 58 years, Occu. Business,
      R/o. Vrundavan Apartment,
      B-Wing, 2nd Floor,
      Hareshwarnagar, Jalgaon,
      Tq. & District Jalgaon.
18. Satish Lalji Thakkar,
      Age : 63 years, Occ. Business,
      R/o. Vrundavan Apartment,
      B-Wing, 2nd Floor,
      Hareshwarnagar, Jalgaon,
      Tq. & District Jalgaon.
19. Purushottam Chhotumal Gujarathi,
      Age : 63 years, Occ. Business,
      R/o. Vrundavan Apartment,
      B-Wing, 2nd Floor,

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          Hareshwarnagar, Jalgaon,
          Tq. & District Jalgaon.
20.       Nayana Deepak Patel,
          Age : 54 years, Occu. Business,
          R/o. Plot No.9, Vrundavan Apartment,
          B-Wing, Ring Road, Jalgaon,
          Tq. & District Jalgaon.
21.       Kalpita Builders Pvt. Ltd., Jalgaon,
          through its Director,
          Darshan Anilkumar Patel
22.       Anilkumar Jinabhai Patel
          Since deceased through L.Rs.,
22-A.     Smt. Geetaben W/o. Anilkumar Patel,
          Age : 70 years, Occ. Household,
22-B.     Shri Darshan S/o. Anilkumar Patel,
          Age : 49 years, Occu. Business,
22-C.     Shri Chetan Anilkumar Patel,
          Age : 47 years, Occu. Business,
22-D.     Shri Vikram Anilkumar Patel,
          Age : 45 years, Occu. Business,
          All R/o 180/1. Smrti, Gujrati Galli,
          Zilla Peth, Jalgaon.                         ...       RESPONDENTS

WITH WRIT PETITION NO.9864 OF 2021

Kalpita Builders Pvt. Ltd., Jalgaon, through its Director, Shri Darshan S/o. Anilkumar Patel, Age: 46 years, Occu. Business, R/o. Kalpita Enclave CHS, E-1 Building, Flat No.1 and 2, Ground Floor, Sahar Road, Koldongri, Andheri (East), Mumbai-400 069. ... PETITIONER

VERSUS

1. Pravinkumar Jinabai Patel, Since deceased represented through his legal heirs & representatives, 1-A. Smt. Savitaben Pravinchand Patel, Age : 66 years, Occ. Business, R/o. Plot No.40, 41, Patel Nagar, Near Collector's Bungalow, Jalgaon, District Jalgaon.

25.WP.9785.21.odt

1-B. Sau. Kalpita S/o. Dilip Patel, Age : 49 years, Occ. Business, R/o. Plot No.40, 41, Patel Nagar, Near Collector's Bungalow, Jalgaon, District Jalgaon.

And Flat No.773, Takshashila Housing Society No.2, Fulchhab Chowk, Rajkot-360 002 (Gujarat).

1-C. Sau. Alpita Jayesh Soni, Age : 47 years, Occu. Business, R/o. Flat 4, Maple House, 45, Lismore Boulevard, London - NW-94 EG, United Kingdom And R/o. Plot No.40, 41, Patel Nagar, Near Collector's Bungalow, Jalgaon, District Jalgaon.

1-D. Sau. Trupti Amish Kothari, Age : 45 years, Occ. Business, R/o. Plot No.40, 41, Patel Nagar, Near Collector's Bungalow, Jalgaon, District Jalgaon.

And 811, Takshashila Housing Society No.2, opposite Star Plaza, Fulchhab Press, Sada Rajkot-360 002 (Gujarat).

2. Jayshri Jugalkishore Lathi, Age : 58 years, Occ. Household, R/o. Behind Bombay Lodge, Navi Peth, Jalgaon, Tq. & District Jalgaon.

3. Sandeep Shivnarayan Zavar, Age : 49 years, Occ. Business, R/o. Behind Bombay Lodge, Navi Peth, Jalgaon, Tq. & District Jalgaon.

4. Indumati Omkardas Kabre, Age : 78 years, Occ. Household, R/o. Dharangaon, Tq. Dharangaon, District Jalgaon.

5. Sadhana Bhushan Mundada, Age : 50 years, Occ: Household,

25.WP.9785.21.odt

R/o. Pimprala, Tq. & Dist. Jalgaon.

6. Ku. Jivanrani Narendra Raisoni, Minor, through Sangita Narendra Raisoni, R/o. Jaikisanwadi, Jalgaon, Tq. & District Jalgaon.

7. Sulochana Prakash Jain, Age : 58 years, Occ: Household, R/o. Jaikisanwadi, Jalgaon, Tq. & District Jalgaon.

8. Vimal Shankar Sakhare, Age : 59 years, Occ. Household, R/o. Plot No.2, Vrundavan Apartment, Hareshwarnagar, Jalgaon, Tq. & District Jalgaon.

9. Shankar Jagannath Sakhare (Deceased) through his legal heirs. 9-1. Vimal Shankar Sahkare Age : 80 years, Occ. Household, R/o. Plot No.2, Vrundavan Apartment, Hareshwarnagar, Jalgaon, Tq. & District Jalgaon.

9-2. Anil Shankar Sakhare, Age : 58 years, Occu. Service, 9-3. Sunil Shankar Sakhare, Age : 65 years, Occu. Service,

Nos. 9-2, 9-3, Plot No.1 and 2, Vrundavan Apartment, B-Building, Hareshwarnagar, Jalgaon, Tq. & District Jalgaon.

10. Chhaya Prakash Potdar, Age : 51 years, Occu. Household, R/o. Block No.6, Vrundavan Apartment, B-Building, Hareshwarnagar, Jalgaon, Tq. & District Jalgaon.

11. Girnari Rameshwar Agrawal, Age : 63 years, Occu. Household, R/o. Ground Floor, Vrundavan Apartment, Hareshwarnagar, Jalgaon, Tq. & District Jalgaon.

12. Vinod Rameshwar Agrawal, Age : 64 years, Occu. Business, R/o. Block No.3, Vrundavan Apartment, Hareshwarnagar, Jalgaon,

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Tq. & District Jalgaon.

13. Kantilal Motilal Chajed, (Deceased) through his L.Rs.,

13-A. Rajendra Kantilal Chajed, Age : Major, Occu. Business,

13-B. Vimal Kantilal Chajed, Age : Major, Occu. Business,

13-C. Hemant Kantilal Chajed, Age : Major, Occ. Business,

Nos. 13-A to 13-C R/o. Ankita Bunglow, Ganesh Colony, Jalgaon, Tq. & District Jalgaon.

13-D. Pravin Kantilal Chajed, Age : Major, Occ. Business, R/o. Sofinco Industries Pvt. Ltd., Kaveri Complex, 50, Nungabakkam, High Court Road, Chennai.

13-E. Sunita Surendra Tated, Age : Major, Occ. Household, R/o. Maharashtra Bank, Adnera, District Amravti.

13-E-E. Sangita Pramod Khivsara, Age: Major, Occ. Household, R/o. Chandan Apartment, Pratapnagar, Jalgaon, Tq. & District Jalgaon.

13-F. Sadhana Jabarchand Chopda, Age : Major, Occ. Household, R/o. A.P.R. Colony, Katanga, Jabalpur (M.P.)

14. Hemand Kantilal Chajed, Age : 48 years, Occ. Business R/o. Vrundavan Apartment, B-Wing, 1st Floor, Hareshwarnagar, Jalgaon, Tq. & District Jalgaon.

15. Asha Kishor Medhe, Age : 58 years, Occu. Business, R/o. Vrundavan Apartment,

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B-Wing, 1st Floor, Hareshwarnagar, Jalgaon, Tq. & District Jalgaon.

16. Shivaji Gangadhar Temkar, Age : 73 years, Occu. Business, R/o. Vrundavan Apartment, B-Wing, 2nd Floor, Hareshwarnagar, Jalgaon, Tq. & District Jalgaon.

17. Chandramohan Gangadhar Temkar, Age : 58 years, Occu. Business, R/o. Vrundavan Apartment, B-Wing, 2nd Floor, Hareshwarnagar, Jalgaon, Tq. & District Jalgaon.

18. Satish Lalji Thakkar, Age : 63 years, Occ. Business, R/o. Vrundavan Apartment, B-Wing, 2nd Floor, Hareshwarnagar, Jalgaon, Tq. & District Jalgaon.

19. Purushottam Chhotumal Gujarathi, Age : 63 years, Occ. Business, R/o. Vrundavan Apartment, B-Wing, 2nd Floor, Hareshwarnagar, Jalgaon, Tq. & District Jalgaon.

20. Nayana Deepak Patel, Age : 54 years, Occu. Business, R/o. Plot No.9, Vrundavan Apartment, B-Wing, Ring Road, Jalgaon, Tq. & District Jalgaon. ... RESPONDENTS

...

Advocate for Petitioner in WP/9785/2021 : Mr. Darshan Anilkumar Patel Advocate for Petitioner in WP / 9864/2021 : Mr. V.J. Dixit, Senior advocate i/b. Mr. Sushant V. Dixit Advocate for respondents : Mr. Anil S. Bajaj ...

CORAM : MANGESH S. PATIL, J.

                                     DATE    :   06.09.2021








                                                                           25.WP.9785.21.odt


ORAL JUDGMENT :

The Writ Petition No.9864/2021 is not on board. At the request

of the learned advocates for the parties even that Writ Petition is taken on

board and is being disposed of by this common judgment and order.

2. Heard. Rule. The Rule is made returnable forthwith. With the

consent of both the sides, the matters are heard finally at the stage of

admission.

3. The petitioner is the appellant before the District Court. By

filing Miscellaneous Civil Application No.162/2021 and Miscellaneous Civil

Application No.163/2021 a request was made to transfer the Appeals to

some other court. By the impugned orders the learned Principal District

Judge has rejected the requests. Hence these Writ Petitions.

4. The learned Senior advocate Mr. Dixit would take me through

the record and makes an attempt to demonstrate that at every stage the

learned District Judge has shown haste and has imposed costs giving rise to

a suspicion being perceived by the petitioner as to if the Appeal would be

decided impartially. He would submit that though the Appeals were made

time bound by the Supreme Court and were to be decided by 31.08.2021,

the appellant was before this Court in few Writ Petitions impugning the

interlocutory orders passed in the very same Appeals. This Court had

decided those Writ Petitions on 09.08.2021. Even thereafter, the learned

District Judge continued to demonstrate undue haste and when an

adjournment was sought initially for challenging the order which is

25.WP.9785.21.odt

impugned in these petitions, and even thereafter, when time was sought to

argue the Appeal in view of the bulky record, the learned District Judge

flatly refused to concede to the request. All these circumstances give a

reasonable ground for the petitioner rather substantiate his suspicion that

the learned District Judge would not decide the Appeals impartially.

5. Per contra, the learned advocate Mr. Bajaj for the respondents

would submit that the petitioner has been intentionally and mala fide

protracting decisions of the Appeals. His conduct is not new. He has been

persistently following such dilatory tactics. Even his such conduct was

commented upon by the Supreme Court in Civil Appeal No.3313/2018. Not

only the Supreme Court had made the Appeals time bound, even this Court

at earlier point of time had directed the learned District Judge to expedite

the Appeals. In spite of such state of affairs, the petitioner has been some

way or the other trying to prolong the Appeals.

6. I have carefully gone through the impugned order and

considered the rival submissions.

7. Needless to state that these are not the proceeding wherein any

comment can be made in respect of the actual litigation, its merits and

demerits which is pending before the District Court in the Appeals. We are

only concerned as to if there has been some reasonable ground to concede

to the request of the petitioner to transfer the proceedings from the learned

District Judge where those are currently pending, to some other Judge.

8. As can be conceived, the whole emphasis of the petitioner in

25.WP.9785.21.odt

seeking such a transfer is on the fact that the learned District Judge has been

compelling him to conduct the Appeals at the earliest. It is because of such

haste being shown by the learned District Judge that he has a perception

that perhaps he may not get justice. I am afraid, simply because the Judge

has refused to grant time, albeit some concession was granted, has

committed haste in expecting the Appeals to be decided within the time

limit prescribed by the Supreme Court. If the Supreme Court has made the

matters time bound, the learned District Judge, indeed, was obliged to show

haste. It is not that the learned Judge has not granted any concession or

time to the petitioner to impugn the present order impugned in the matter

in the hand. She had granted some time in spite of it a request was made

when the petitioner was unable to solicit any order from this Court either to

transfer the matter or to grant any ad-interim relief, that the learned District

Judge refused to grant adjournment and vacated the ad-interim stay.

9. If such is the state of affairs, when the learned District Judge

was expected to decide the Appeals on or before 31.08.2021, in fact it was

expected of the petitioner to have cooperated the learned District Judge in

deciding the Appeals.

10. There is one more aspect which needs a specific reference.

Impugning few orders on the Interlocutory Applications passed by the self

same District Judge the petitioner was before this Court and four Writ

Petitions were filed. All those four petitions were decided by two separate

orders on 09.08.2021. It is on the very same day that the impugned order

25.WP.9785.21.odt

refusing to transfer the proceedings were passed by the learned Principal

District Judge. While disposing of the Writ Petitions this Court had

specifically expected the parties to get the Appeals decided within the time

frame fixed by the Supreme Court. If such was the state of affairs, the

attempt of the petitioner to once again approach the learned District Judge

and solicit adjournments after his application for transfer was rejected by

the learned Principal District Judge itself is demonstrative of the fact that he

is not interested in prosecuting the Appeals and allowing the learned Judge

to decide those within the time frame fixed by the Supreme Court.

11. I find no perversity or arbitrariness in the order passed by the

learned Principal District Judge refusing to transfer the Appeal.

12. The Writ Petitions are dismissed. The Rule in both the Writ

Petitions is discharged.

(MANGESH S. PATIL, J.)

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