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Bombay High CourtWP/6360/2010dissmiss for defaultnonprosecution

Ajay Singh Motisingh Sengar v. Sapana Ajaysing Sengar

2015-12-11Hon'Ble Shri Justice M.S. Sonak1 pages

DSS 212-wp-6360-10

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6360 OF 2010 Ajay Singh Motisingh Sengar .. Petitioner vs.

Mrs. Sapana A. Sengar .. Respondent None for the Petitioner.

Ms Seema Sarnaik i/b Ameya Tamhane for the Respondent. CORAM :

M. S. SONAK, J.

DATE : 11 DECEMBER 2015.

P.C. :- 1] Neither the Petitioner nor his advocate are present. 2] Ms Seema Sarnaik, learned counsel for the Respondent, states that she has telephonic instructions that the Petitioner has withdrawn the proceedings before the Trial Court, where from the impugned order arises. She clarifies that she is not certain, as she has only received telephonic instructions in this matter. 3] Considering the circumstance that neither the Petitioner nor his advocate are present, it is possible that the Petitioner has withdrawn the proceedings before the Trial Court and the reliefs applied for in this petition are rendered infructuous. 4] Accordingly, this petition is dismissed for non-prosecution. However, in case, any grievance survives with regard to the reliefs prayed for in this petition, the Petitioner will have liberty to apply for revival of this petition, after service of notice to the Respondent. (M. S. SONAK, J.) 1/1