Bhatia J.H., J.@mdashBy order dated 22.7.2011, this Court had disposed of A.O. No. 1301 of 2010 and had given directions to the trial Court to expedite the hearing and dispose of the L.C. Suit No. 1568 of 2008 within six months from that date. The said period is over on 22.1.2012. L.C. Suit No. 1568 of 2008 is said to be pending before Court No. 5 presided over by Mr. G.B. Jogi, Judge, City Civil Court. The plaintiff has filed this application seeking extension of time for disposal of the suit. When the direction is given by the High Court to any trial Court to expedite the trial of any case, suit or proceeding and to dispose of the same within specified period, that direction operates against the Presiding Officer of the concerned Court and that Presiding Officer is bound to act as per the said directions and to comply with the same. If the concerned Presiding Officer, for one or the other reason, is unable to dispose of the matter within the specified period, he is expected to report the matter to the High Court and to seek extension of time for compliance of the directions and for disposal of the matter. The parties are not in a position to dispose of the matter though their co-operation is very essential. Therefore, the parties are not expected to approach the High Court seeking extension of time for disposal of the matter. The practice of filing the application before the High Court by the concerned parties for extension of time for disposal of the matters by the trial Court is not proper. Repeatedly this Court has explained this position in number of matters. However, it appears that some of the lawyers continue to move such application before the High Court for extension of time for disposal of the matter by the trial Court. This practice has to be stopped. If the Presiding Officer of the concerned Court is unable to dispose of the matter, he should report the matter to the High Court explaining the circumstances for which the matter could not be disposed of within the specified period and may seek extension of time which this Court may grant taking into consideration facts and circumstances of the case.
2. In view of the above, this application cannot be entertained and stands dismissed. The concerned Judicial Officer may request this Court seeking extension of time by giving reasons for the same. Registrar (Judicial) to circulate copy of this order to all the courts in the State of Maharashtra and Goa and this order be also reported.
