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Bombay High CourtWP/4161/2008dissmiss for defaultnonprosecution

Kurian Babu v. Pune Municipal Corporation And ORS.

2018-04-12Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice A.S. Oka2 pages

wp-4161.08.odt pmw FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4161 OF 2008 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders None for the Petitioner.

Mr. Manish M. Pabale, AGP for the Respondent No.11. CORAM : A.S. OKA & RIYAZ I. CHAGLA, JJ.

DATE :

12th APRIL, 2018 P.C.

Called out for final hearing.

Perused the order dated 11th January 2018. On 11th January 2018 when the Petition was called out for final hearing, the Petitioner was not present. The order notes that even on earlier occasion when the petitioner was not present, notice of the date fixed was issued to the petitioner. Under order dated 11th January, 2018 intimation of the said order was ordered to be given to the petitioner. Office noting shows that intimation has been issued on 23rd

wp-4161.08.odt January 2018. The said office noting is dated 30th January 2018. The petitioner appearing in person is not present. Hence, we dismiss the Petition for nonprosecution. Rule is discharged. As the petitioner is appearing in person, we direct the Registry to forward a true copy of this order to the petitioner appearing in person.

(RIYAZ I. CHAGLA, J) (A.S. OKA, J)