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Bombay High CourtWP/1761/1997rule discharged

M/S.Navlakha And Sons v. Sayyed Amjak Ali And ORS.

2018-07-20Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

207-wp-2342-1997.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO.2342 OF 1997 WITH CIVIL APPLICATION NO.1528 OF 2018 Shriram Dal and Flour Mills & Anr.

] Petitioners Vs.

Najmunnisa w/o Shaikh Yasin (since deceased) ] Mumtazbegum w/o Shaikh Abdula & Ors.

] Respondents WITH WRIT PETITION NO.1761 OF 1997 M/s. Navlakha & Sons ] Petitioners Vs.

Sayyad Ajmad Ali & Ors.

] Respondents .....

Mr. B.G. Ligade i/b D.S. Patil, for petitioners. Mr. Rahul Kadam discharged.

Mr. P.K. Hushing, for respondents No.1 to 4.

.....

CORAM :

R.G. KETKAR, J.

DATE :

20TH JULY, 2018.

P.C:

Heard Mr. Ligade, learned Counsel for the petitionersand Mr. Hushing, learned Counsel for respondents No.1 to 4. 2.

Mr. Rahul Kadam states that he has given no objection to the petitioners and accordingly petitioners have engaged Mr. Drupad Patil. Mr. Drupad Patil has filed appearance on behalf of the petitioners. In view thereof, Mr. Kadam is discharged.

207-wp-2342-1997.odt 3.

Matter was heard on 3rd July, 2017. On that date, none appeared for the petitioners and at the request of Mr. Hushing the matter was ordered to be listed on final hearing board commencing from 17th July, 2017. On 20th July, 2017, Mr. Ligade appeared and stated that Mr. Druprad Patil has instructions to file Vakalatnama on behalf of the petitioners and sought two weeks time to take necessary steps. The matter was thereafter listed for final hearing on 6th July, 2018. None appeared for the petitioners and Mr. Hushing was heard. The matter was ordered to be listed on 20th July, 2018 under the caption "for dismissal" along with Writ Petition No.1761 of 1997. Even today, petitioners are not ready to proceed with the matter. Hence, Petitions are dismissed in default. In view thereof, Rule is discharged with no order as to costs.

4.

As Writ Petition No.2342 of 1997 is dismissed, C.A. No. 1528 of 2018 in that Petition does not survive and as such is disposed of. [R.G. KETKAR, J.]