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Bombay High CourtWP/3232/1998rule discharged

Nitin Dhanraj Gandhi v. Thakurdas Narayandas Daswani And ANR.

2016-07-11Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

1/2 24.wp.3232-98.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3232 OF 1998 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

None for Petitioner.

Mr. S.S. Hardikar, Advocate for Respondent No.2.

CORAM : R. G. KETKAR, J.

DATE : 11/07/2016 P.C.:

1.

None appears for the petitioner. Even on 8.7.2016 none appeared for the petitioner. After hearing Mr. S.S. Hardikar, learned Counsel for respondent No.2, the matter was kept today under the caption 'for dismissal'. Even today none appeared for the petitioner.

2.

Mr. Hardikar submitted that respondent No.2 had handed over possession to the petitioner and to the best his knowledge and information the petitioner has disposed of the suit property. Statement made by Mr. Hardikar also appears to be in consonance with the order

2/2 24.wp.3232-98.doc dated 5.10.2009 passed by this Court. In that order it was noted that the petitioner/landlord is in the process of disposing of the property and may not be interested in pursuing the Petition.

3.

In view of the submissions of Mr.Hardikar, which are not controverted, it appears that the petitioner is not interested in pursuing the Petition. Hence, petition is dismissed in default. Rule is discharged with no order as to costs.

(R. G. KETKAR, J.) Deshmane(PS)