Bombay High CourtWP/4753/1999dissmiss for defaultnonprosecution

Tulshiram Bhiva Kasare v. Smt. Sitabai Ramchandra Ahire

2017-07-12Hon'Ble Shri Justice G. S. Kulkarni2 pages

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209. wp-4753-1999.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4753 OF 1999 Tulshiram Bhiva Kasare

...Petitioner

Versus

Sitabai Ramchandra Ahire

...Respondent

None for the Petitioner None for the Respondent.

CORAM:

G.S. KULKARNI, J.

DATED:

12th July, 2017 PC:-

1. On 03rd July, 2017, this Court passed the following order:

"None for the Petitioner. None for the Respondent. As seen from the prayers in the Writ Petition, the Petitioner has challenged the judgment and order dated 07.04.1999 passed in S.C. Suit No. 8480/1997 by the Ld. Judge, City Civil Court at Bombay when the appropriate remedy for the Petitioner would be to file an appeal under the provisions of Order 41 read with Section 96 of the Code of Civil Procedure. Accordingly, list this petition under the caption "For Disposal/Dismissal" on 10.07.2017".

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209. wp-4753-1999.doc 2.

Accordingly, this petition is listed under the caption 'For Dismissal'. Today when the petition is called out for final hearing, the petitioner is not represented. It appears that, the petitioner is not interested to prosecute this petition. 3.

It is therefore, dismissed for non-prosecution. (G.S. Kulkarni, J.)