Smt. Vimalabai Hirachand Rathod, Through P.A. Holder R.K. Oswal And ANR v. Shri. Nathu Tukaram Sakhare (Since Decd) Through Lrs

3.3249.14-wp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3249/2014 Vimalabai Hirachand Rathod & Ors.

... Petitioners V/s.

Nathu Tukaram Sakhare & Ors.

... Respondents None for the Petitioner

CORAM:

K.K. TATED, J.

DATED :

FEBRUARY 22, 2019 P.C. :

None for the Petitioner. Dismissed for non prosecution. Later on, Adv. Mr. Ajay A. Joshi, the learned counsel for the Petitioner has mentioned matter.

Considering the submissions made by the learned counsel for the Petitioner, the earlier order is recalled. The Writ Petition is restored to file for hearing on merits.

The learned counsel for the Petitioner submits that by this petition, they are challenging the order dated 29.11.2013 passed by the 4th Jt. Civil Judge, Junior Division, Pune below Exhibit- 31 in Regular Civil Suit No. 6262/2012 (Old S.C.Suit No.942/2010). He further submits that the Trial Court has stayed further proceedings in Regular Civil Suit No. 6262/2012 till decision of First Appeal No.804/2010. The learned counsel for the Petitioner Basavraj G. Patil 1/2

3.3249.14-wp.doc submits that during pendency of the Writ Petition, the First Appeal No.804/2010 itself has been decided by the appellate court. He further submits that in view of subsequent development, nothing survives in the Writ Petition. Hence, the Writ Petition stands disposed of as infructuous. No order as to costs.

(K. K. TATED, J.) Basavraj G. Patil 2/2