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Bombay High CourtWP/4077/2000

M/S. Dainik Kesari Vibhagiya And ANR. v. Subhash Narayan Kale And ANR.

2018-03-14Hon'Ble Shri Justice A. K. Menon2 pages

sbw 203.wp-7411.00.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7411 OF 2000 Subhash Narayan Kale .. Petitioner Vs.

M/s. Kesari Maratha Trust & Anr.

.. Respondents WITH WRIT PETITION NO.4077 OF 2000 M/s. Dainik Kesari Vibhagiya Karyalay & Anr. .. Petitioners Vs.

Subhash Narayan Kale & Anr.

.. Respondents Mr. Mandar Limaye for the petitioner in WP/7411/00. Mr. Omkar V. Amberkar i/b. S. R. Nargolkar for the petitioner in WP/4077/00. None for the respondents.

CORAM : A.K. MENON, J.

DATED : 14TH MARCH, 2018.

P.C. :

1. On 31 st January, 2018, when Writ Petition no.7411 of 2000 was called out, none appeared for the petitioner. Mr. Nargolkar appeared in Writ Petition no.4077 of 2000 and stated that respondent no.1 - Trust and the petitioner in Writ Petition no.4077 of 2000 was defunct and that he had no instructions. However, since the Advocate for the petitioner in Writ Petition no.7411 of 2000 was absent and the matter was 1/2

203.wp-7411.00.doc adjourned to week commencing from 26 th February, 2018.

2. On 28 th February, 2018, when this matter was called out, the petitioners and the Advocates in both the petitions were absent. Hence the matter was adjourned for dismissal to 5 th March, 2018.

3. The matter is since been listed today under the caption of dismissal, the learned counsel for the petitioner in Writ Petition no.4077 of 2000 states that he has no instructions from his client. In the circumstances, it appears that the petitioners are not interested in prosecuting the writ petitions. I, therefore, pass the following order:- (i) Writ petition no.7411 of 2000 and writ petition no.4077 of 2000 are dismissed for want of prosecution.

(ii) No orders as to costs.

(iii) Interim orders, if any, stands vacated. Later on:

Mentioned at 3.00 p.m. by Mr. Mandar Limaye.

At the request of the learned counsel for the petitioner in Writ Petition no. 7411 of 2000, petition is restored to file. List the petition on 21 st March, 2018.

(A.K. MENON,J.) wadhwa 2/2