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Bombay High CourtWP/1324/2009dissmiss for defaultnonprosecution

Khyati Swapnil @ Neil Shah v. Swapnil @ Neil Anil Shah

2016-01-15Hon'Ble Shri Justice M.S. Sonak1 pages

DSS 901-wp-1324-09

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1324 OF 2009 Mrs. Khyati Swapnil @ Neil Shah .. Petitioner vs.

Mr. Swapnil @ Neil Anil Shah .. Respondent None for both the parties.

CORAM :

M. S. SONAK, J.

DATE : 15 JANUARY 2016.

P.C. :- 1] On 21 December 2015, the following order was made: 1.

Place this matter on 15/01/2016 (on Supplementary Board) for directions under the caption 'for Dismissal/Disposal'.

2.

In the meantime, the learned Counsel for petitioner states that he will obtain instructions from the petitioner herself as to whether she is interested in pursuing this matter and further, take steps to serve the respondent. If, by the next date, service is not effected upon the respondent, there will be no option but to dismiss this petition for non-prosecution. Right from the year 2010, time is being granted to the petitioner to take steps for effecting service. However, record indicates that no steps are taken. As a matter of last chance, the matter is adjourned to 15/01/2016.

2] Today, when the matter is called out, neither the Petitioner nor her advocate are present. The record does not indicate that any further steps have also been taken in the matter. Therefore, there is no option but to dismiss this petition for non-prosecution. 3] This petition is, therefore, dismissed for non prosecution. (M. S. SONAK, J.) 1/1