Nanking Chineese Restaurant, 103, Parklane, v. B. Krishna Rao S/O B.S. Rao

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.5601 OF 2005 ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus declaring the orders passed by the third respondent in S.A.No.201 of 1993, dated 25.01.2005 confirming the orders passed by the second respondent in S.E.No.372 of 1989, dated 20.07.1990 as being illegal, one-sided, unjust, improper, arbitrary opposed to law and liable to be set aside. On 29.12.2010 this Court passed the following order: "Learned counsel for the petitioner is permitted to take out personal notice to respondent No.1 by registered post with acknowledgement due and file proof of service within six weeks. If for any reason, the notice is not served, the same shall be brought to the notice of the Registry without fail. In default, the writ petition stands dismissed as against respondent No.1 without further reference to the Court."

A perusal of the same reveals that the writ petition against respondent No.1, who is a contesting respondent, was dismissed for non-compliance of the order. Therefore, the cause in this writ petition does not survive for adjudication in view of dismissal of the writ petition against respondent No.1.

Hence, the Writ Petition is closed. No costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ T.SUNIL CHOWDARY, J Date: 09.06.2016 Ivd