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Bombay High CourtWP/2247/1996rule discharged

Sou. Neelganga Siddheshwar Hatte v. Sou.Sharda S.Pardeshi (Deceased)Her Lrs 1.Shri. Shrikant S. Pardeshi (Since Deceased)

2017-11-02Hon'Ble Shri Justice G.S. Patel2 pages

212-WP3105-1996+.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3105 OF 1996 WITH WRIT PETITION NO. 2247 OF 1996 Neelganga Siddheshwar Hatte

...Petitioner

Versus

Sharda S Pardeshi (deceased) Through LRs & Anr

...Respondents

None for the Petitioner.

Mrs Anjali N Helekar, for the Respondents.

CORAM: G.S. PATEL, J DATED:

2nd November 2017 PC:- 1.

None for the Petitioners. There is a second call after the matter was kept back in the morning session. On 20th June 1996 there was an order that the matter was to be listed along with Writ Petition No. 2247 of 1996 as per the order passed in that Petition. There is subsequent note on 17th November 2016 that the Petition is still pending for admission though ordered to be heard with Writ Petition No.2247 of 1996. Writ Petition No.2247 of 1996 was admitted on 20th June 1996. Both Petitions are listed today. They were also listed on 3rd October 2017 when the Petitioners were absent. On that date, Mrs Shalini Phansalkar-Joshi J granted adjournment as a final opportunity 2nd November 2017

212-WP3105-1996+.DOC as an indulgence and adjourned both petitions to 21st October 2017 under the caption of dismissal.

2.

In view of the continued absence of the Petitioners, both Petitions are dismissed for non prosecution. Rule is discharged. All interim orders stand vacated.

3.

The petitions will not be restored without sufficient cause being made out in a proper application. The Petitioner is put to notice that any order of restoration may be made subject to payment of costs as a condition precedent.

(G. S. PATEL, J.) 2nd November 2017