Ms. Vimla T. Nainani And ANR. v. Mr. Damodar Gulabrai Belani (Since Deceased Throuhg Lrs. And ANR.

18. CAW 310-20.doc R.M. AMBERKAR (Private Secretary)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 310 OF 2020 IN WRIT PETITION NO. 8409 OF 2017 WITH WRIT PETITION NO. 8409 OF 2017 Vimla T. Nainani & Anr.

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Applicants / Org. Petitioners

Versus

Damodar G. Belani (since deceased through L.Rs.) Hardevi Damodar Belani & Ors.

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Respondents ....................

 Mr. Kantilal Kanojia a/w Ms. Jyoti Kanojia for the Applicants / Original Petitioners  Ms. Vimala Nainani, Petitioner No. 1 is present ...................

CORAM : MILIND N. JADHAV, J.

DATE : DECEMBER 16, 2021.

P.C.:

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Heard learned counsel appearing for the Applicants i.e Original Petitioners. He submitted that the present Civil Application as well as Writ Petition are rendered infructuous because the cause of action in the said Writ Petition no longer survives. He submitted that the Writ Petition was dismissed for non-prosecution / default. However, considering that the cause of action in the Petition does not survive, he has prayed for withdrawal of the above Civil Application as well as Writ Petition.

18. CAW 310-20.doc 2.

Ms. Vimla T. Nainani, Petitioner No. 1 who is present in the Court informs the Court that she has now been attorned as a tenant and therefore, she has no grievance which was agitated in the Writ Petition. In view thereof, the above Civil Application and the Writ Petition as well as pending Civil Applications, if any, do not survive and are disposed of as dismissed.

[ MILIND N. JADHAV, J. ] Digitally signed by RAVINDRA MOHAN AMBERKAR Date:

2021.12.17 10:37:13 +0530 RAVINDRA MOHAN AMBERKAR