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Bombay High CourtWP/5568/2004dissmiss for defaultnonprosecution

Mansukh Mulji Devalia v. Pramilabenm Ghadia And ORS.

2017-01-27Hon'Ble Shri Justice Nitin Jamdar2 pages

4) caw1807-16.doc sas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1807 OF 2016 IN WRIT PETITION NO.5568 OF 2004 Mansukh Mulji Devalia ..Applicant.

V/s.

Pramilaben Ghadia (since deceased) through LRs & Ors.

..Respondents.

None for the Applicant.

None for the Respondents.

CORAM : N.M.Jamdar, J.

DATED : 27 January, 2017 P.C. :- On 1 December, 2016, the following order was passed :- "The learned Counsel for the Applicant states that the Applicant is not responding to the communications of the Advocate and steps would be taken to take discharge. 2.

Stand over eight weeks. To be placed under the caption 'for dismissal'.

1/2

4) caw1807-16.doc 3.

If the Applicant do not make any alternate arrangement upon receipt of notice of discharge, the Application as well as the Writ Petition will be dismissed for non-prosecution." 2.

The statement of the learned counsel for the Applicant that the Applicant has not responded to the communications of the Advocate was noted. None appeared. No arrangement is made by the Applicant. Matter is listed on board for dismissal. It appears that the Applicant has lost interest in prosecuting the application and the Writ Petition. The Civil Application and the Writ Petition are dismissed for non prosecution.

(N.M.Jamdar, J.) 2/2