Shri. Madhukar K. Padgaonkar (Deceased) By His Next Legatee And Lhrs 1. Smt. Manjula M. Padgaonkar v. Shri. Raman V. Nair

Dusane 1/2 217 wp2836.1996

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2836 OF 1996 Madhukar Keshav Padgaonkar ....

Petitioners (since deceased) by his next legatee and legal heirs Smt. Manjula Padgaonkar & Ors.

Vs.

Raman V. Nair ....

Respondent None for the Petitioners.

None for the Respondent.

CORAM : G.S. KULKARNI, J.

DATE : 18 JULY, 2017 P.C. :

This petition was listed for final hearing yesterday (17 July 2017) when the court had passed the following order : "1 The office remark dated 09/05/2012 indicates that, Court's notice issued to the sole petitioner was returned with bailiff's remark 'expired on 03/06/2010'. It appears that, no steps are thereafter taken by the legal representative of the petitioner to prosecute this petition.

However, as a last chance and in the interest of justice, let the petition retain its position, to be

Dusane 2/2 217 wp2836.1996 called out tomorrow i.e. 18/07/2017. If on the adjourned date of hearing, the parties are not represented, the Court shall pass appropriate orders including dismissing the petition for nonprosecution." Today when the petition is called out for final hearing, again the petitioners are not represented. It appears that the petitioners are not interested to prosecute this petition. The petition is therefore dismissed for non-prosecution. ( G.S. KULKARNI, J.)