Dismissed

Raymond R. Tixeira v. Roque Nicholas Tixeira (Decd.)- Maxy R. Tixeira and Ors.

Bombay HC1 Dec 2008WP/4323/2008

Case brief

AI extract

What is this about?

The High Court of Bombay dismissed a writ petition for abuse of process filed by the petitioner to delay trial court proceedings, directing immediate prosecution and imposing costs.

What did the court decide?

Petition dismissed with costs of Rs. 5,000. Trial court directed to proceed without adjournments and impose costs for failure to cooperate.

Raymond R. Tixeira Vs Roque Nicholas Tixeira… — Civil Procedure and Limitation | Bombay HC (2008)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE JURISDICTION

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 WRIT PETITION NO.4323 OF 2008

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 Mr.Raymond R. Tixeira .. Petitioner.

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vs.

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 Mr.Roque Nicholas Tixeira
 (since deceased) & Ors. .. Respondents

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 Mr.R.N.Gaonkar for the petitioner
 Petitioner present in person

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CORAM: J.N. PATEL, &
 S.J. KATHAWALLA, JJ.

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DATE: 1ST DECEMBER, 2008.
 P.C.

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 1. Heard.

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 2. We have gone through the report received from

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 the 3rd Joint, Civil Judge (Senior Division), Thane
 through the Principal, District and Sessions Judge,
 Thane. From the status report, this court finds that
 both the parties are responsible for delaying the
 matter. Therefore, we direct the trial court to
 proceed with the matter in accordance with law. As per
 the report, the next date is 18.12.2008. We expect the
 parties not to seek adjournment. The trial court
 should take strict view in the matter as it is not
 powerless and the Code of Civil Procedure vests with

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 the trial court sufficient powers to impose costs or
 otherwise proceed against any of the parties who fail
 to cooperate in the matter in accordance with the Code
 of Civil Procedure Code.

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 3. We are inclined to make this observation for

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 the reason that the parties have been seeking
 adjournments on the ground of pendency of this
 petition. In our view, the petitioner by filing this
 petition has abused the process of court rather than
 prosecuting the matter in the trial court. Therefore,
 with the aforesaid direction to the trial court, the
 petition is dismissed with costs which we quantify at
 Rs.5,000/- Cost to be paid in the Trial Court on or
 before the next date i.e. 18.12.2008. On default of
 paying cost, the trial court will not entertain the
 application filed by the petitioner. Copy of the order
 be forthwith transmitted by fax to the Principal,
 District and Sessions Judge, Thane and the order be
 conveyed on telephone. Counsel for the petitioner to
 take note

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(J.N. Patel, J.)

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(S.J. Kathawalla, J.)

Raymond R. Tixeira v. Roque Nicholas Tixeira (Decd.)- Maxy R. Tixeira and Ors.

Case brief

What is this about?

What did the court decide?

Raymond R. Tixeira v. Roque Nicholas Tixeira (Decd.)- Maxy R. Tixeira and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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