Bidesh Ramchandra Kulkarni v. Smt. Shanta Vishwanath Patil

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5. wp-5952-1998.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5952 OF 1998 Bidesh Ramchandra Kulkarni

...Petitioner

Versus

Shanta Vishwanath Patil

...Respondent

Mr. S.D. Dharmadhikari for the Petitioner.

None for the Respondent.

CORAM:

G.S. KULKARNI, J.

DATED:

10th August, 2017 PC:- 1.

Mr. Dharmadhikari appears for the petitioner. He has drawn and my attention to the order dated 10/04/2012 passed by this Court which reads thus:

"An Additional Affidavit filed by the Petitioners is taken on record. According to the Petitioners they do not know the date of death of Respondent or the names of the heirs of the Respondent. In such a situation, it is for the Petitioners to take appropriate steps as contemplated by Order 22 of Code of Civil Procedure, 1908. Accordingly, if the appropriate steps are not taken within 12 weeks from today, the Petition shall stand dismissed."

2.

Despite the said order Mr. Dharmadhikari would submit that, he has not received any instructions as also from the legal

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5. wp-5952-1998.doc heirs of the petitioner who is expired. The petition has already abated. For last almost about five years, no steps are taken by the legal heirs/representatives of the petitioner to contact Mr. Dharmadhikari.

3.

In the circumstances, the petition as already abated stands disposed of. No costs.

(G.S. Kulkarni, J.)