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Bombay High CourtWP/5518/2002disposed off

Shri Purushottam Ramkrishna Joshi And ANR v. Shrikishor Chunilal Shah And ANR

2021-12-07Hon'Ble Shri Justice A.S. Gadkari2 pages

Osk 256-Wp-5518-2002.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 5518 OF 2002 Purushottam Ramkrishna Joshi & Anr.

... Petitioners V/s.

Kishor Chunilal Shah & Anr.

... Respondents None for Petitioners.

Mr.V.S. Gokhale for Respondents.

CORAM : A.S. GADKARI, J.

DATE : 7th December 2021.

P.C. :

1.

Petitioners were absent, when called out for hearing yesterday, i.e. on 6th December 2021. Therefore with a view to grant an opportunity to the Petitioners, the present Petition was kept back and called out for hearing today. Today also none appears for the Petitioners. 2.

Mr.Gokhale, learned counsel for Respondents, on instructions in writing submitted that, during the pendency of the present Petition, the Respondents have handed over possession of the suit property to the Petitioners. The Petitioners in turn developed the said property and have allotted accommodation to the Petitioners in newly developed property. He further submitted that, as per his written instructions, the Petitioners were supposed to withdraw the present Petition. Said Communication is taken on record.

1/2

Osk 256-Wp-5518-2002.odt It appears that, it is the reason, Petitioners are not interested in pursuing the present Petition.

3.

In view of the above, Petition is dismissed for non prosecution. [A.S. GADKARI, J.] by OMKAR SHIVAHAR KUMBHAKARN Date:

2021.12.13 17:04:11 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2