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Bombay High CourtWP/4636/2017disposed off

The Union Of India And ORS. v. Zubaidabai Bandukwala Fidaally Potia

2024-02-06Hon'Ble Shri Justice Rajesh S. Patil2 pages

908.wp.4636.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition NO. 4636 OF 2017 The Union Of India And Ors.

...Petitioners

Versus

Zubaidabai Bandukwala Fidaally Potia

...Respondent

____________________________________ None for the Petitioners.

Mr. Javed Khan for Respondent.

____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 6 FEBRUARY 2024 P.C.:

1.

Respondents submits that after the application filed by Petitioner in the Lower Court seeking a direction that the matter referred arbitrary as per the clause 16 of the amendment, was rejected and so also the Appellate Bench rejected the said application on 29 July 2015 the trial had proceeded before the Small Causes.

2.

After the Petition was filed in this Court a Petitioner has not taken up any steps to circulate this matter. 3.

On 5 February 2024 when the matter was called out, Amol D. Nawale

908.wp.4636.2017.doc none appeared for the Petitioner. Hence, even today when the matter was called, none appeared for the Petitioner. 4.

Mr. Khan also submits that the sole respondent has died long back and legal heirs already on record before the Trial Court. Hence, according him the Petitioner herein are aware of the legal heirs already taken on record. He submits that this Writ Petition has now abated.

5.

Petition is dismissed.

(RAJESH S. PATIL, J.) Amol D. Nawale