Shri. Prakash Bankatlal Soni And ORS v. Sou. Gitanjali Chetanrao Dhindale And ORS

904 wp.4003,6021.12.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4603 OF 2012 WITH WRIT PETITION NO. 6021 OF 2012 Shri Prakash Dankatlal Soni & Ors.

... Petitioners V/s.

Sou. Gitanjali Chetanrao Dhindale & Ors.

... Respondents Ms. Manjiri Parasnis for petitioners.

Mr. Ketan V. Joshi i/b. Mr. Sanjiv A. Sawant for respondent Nos.1, 3 and 9 to 15.

Ms. Aparna D. Vhatkar, A.G.P. for respondent Nos.16 to 18. CORAM : M.S. SONAK, J.

DATE : 16 JUNE, 2016.

P.C. :

1.

Heard learned counsel for the parties.

2.

These Petitions have already been dismissed against several respondents, particularly as no steps came to be taken for bringing their legal heirs on record. Considering the nature of the controversy, it is not possible to continue the Petitions as against the remaining respondents. The learned counsel for the petitioner states that she has made several attempts to contact the petitioners, in order to enable her to take steps in the matter. However, despite of such efforts on her part, she reports that she has not received any instructions in the matter. Waghmare 1/2

904 wp.4003,6021.12.doc 3.

Accordingly, these Petitions are dismissed in their entirety. However, it is made clear that this will not preclude the Petitioner to apply for setting aside of abatement upon showing sufficient cause should there be any.

4.

The two Petitions are dismissed, with liberty as aforesaid. (M.S. SONAK, J.) Waghmare 2/2