THAKKAR VASUDEV KANAIYALAL Vs. AZAZALI MAKHDUMALI BUKHAREE

JUDGEMENT

(1.) This Court has passed the following order on 16/3/2023:

(2.) The present petition is filed by the party in person Vasudevbhai Kanaiyalal Thakkar, who has earlier filed proceeding i.e. MCA (for direction) no.2353 of 2016 in CA No.11688 of 2015 in SCA No.9916 of 2015 with allied matters whereby this Court has passed the order dtd. 1/12/2016. Thereafter, the further proceedings are filed being MCA No.748 of 2017 whereby the Court has passed order on 2/5/2017, seeking direction that pursuant to those orders, the trial Court should expedite the proceedings and hear all the applications Exh.195 and 196 and 23 and 24 by exercising powers under Articles 14 and 226 of the Constitution of India and Sec. 151 of Civil Procedure . The party in person has not impleaded the other parties of the suit proceedings being Regular Civil Suit nos.72 of 1998 and 73 of 1998 and Civil Miscellaneous Application (Contempt) No.254 of 2022. It transpires from the record that the petitioner has impleaded learned Civil Judge before whom the matter is pending as respondent no.1 and State of Gujarat as respondent no.2 and not impleaded any other parties of the suit. Even then, this Court has considered the request of the petitioner on earlier occasion by seeking status report about the application at Exh.195 and 196 from the learned trial Court and the learned trial Court, by report dtd. 21/3/2023, has submitted that the matters are fixed on every Monday and Thursday for hearing but parties are not remaining present and therefore the proceedings are not proceeded further. Pursuant to the report, when this Court inquired about the same, the petitioner stated that as per his instruction, his lawyer is remaining present on each adjournment. This aspect is not required to be considered at this stage as the petitioner has not filed the present petition in proper format by impleading necessary parties and by seeking appropriate reliefs. In absence of necessary parties, this Court is not inclined to grant any relief as sought for in this petition. However, it is expected that the learned trial Court shall try to decide these applications pursuant to the earlier order passed by this Court as expeditiously as possible and in accordance with law.

(3.) This petition is accordingly disposed of.