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Bombay High CourtWP/2517/2008dissmiss for defaultnonprosecution

Narayan Janu Bahira And ORS. v. Assistant Director, Town Planning And ORS.

2015-09-30Hon'Ble Shri Justice V.L. Achliya,Hon'Ble Shri Justice A.S. Oka3 pages

ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2517 OF 2008 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Anil Yadav i/b Mr.D.R.Shah for the Petitioner Mr.V.S.Gokhale, AGP for the Respondent Nos.1 to 3. CORAM : A.S.OKA, & V.L.ACHLIYA,JJ.

DATE : SEPTEMBER 30, 2015.

P.C.

The learned counsel for the petitioner states that he had addressed a letter dated 22nd June 2015 to the petitioners informing them that he wants to take a discharge. He pointed out that the letter addressed to the Constituted Attorney of the petitioner is returned unserved with the remark that the person is not residing at the address.

The cause title of the petition shows that the petition was filed by the Constituted Attorney of the petitioner. We find that the letter

was addressed at the address of the Constituted Attorney mentioned in the cause title.

A copy of the letter and the returned envelope is taken on record and marked `A-1' for identification.

The Constituted Attorney of the petitioner has not informed his correct address.

Hence, we dismiss the petition for non prosecution. Rule is discharged with no order as to costs.

(V.L.ACHLIYA,J.) (A.S.OKA,J.)

CERTIFICATE Certified to be true and correct copy of original signed Judgment/Order.