Nivrutti Bapurao Sandhan (Patil) And ORS. v. Asha Ganpat Pagare And ORS.

skc 218-wp-1980-08

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1980 OF 2008 Nivrutti B. Sandhan (Patil) & Ors.

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Petitioners vs.

Asha G. Pagare & Ors.

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Respondents None for Petitioners.

None for Respondents.

CORAM : M. S. SONAK, J.

DATE: 29 APRIL 2015 P.C. :- 1] The order impugned in the present Writ Petition has restored Regular Civil Suit No. 104 of 2000, to the extent it concerns respondent nos. 1, 2 and 3.

2] This petition was dismissed for non prosecution on 4 November 2009. Thereafter, by order dated 17 July 2012, the same was restored. There is an interim order which restrains further proceedings in Regular Civil Suit No. 104 of 2000 pending before the learned Civil Judge, Junior Division, Dindori, Nashik. 3] Today, when the matter is called out, neither the petitioners nor their Advocate is present. This is the petition of the year 2008. As noted earlier, this petition had already been dismissed earlier for non-prosecution.

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skc 218-wp-1980-08 4] Accordingly, it would be appropriate, if the present petition is dismissed once again and interim order is vacated. The petition is accordingly dismissed. Interim order vacated. Since neither the parties appear in the matter, the Registry is directed to forward authenticated copy of this order to the Court of the learned Civil Judge, Junior Division, Dindori, Nashik, in Regular Civil Suit No. 104 of 2000 within a period of six weeks from today, so that the matter there, can proceed in accordance with law. 5] The petition is disposed of.

(M. S. SONAK, J.) Chandka 2/2