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Bombay High CourtWP/3977/1998dissmiss for defaultnonprosecution

Smt. Asirunnisa Wd/O. Vajidally Qureshi And ORS. v. Shri K.A. Dalal And ANR.

2017-07-05Hon'Ble Shri Justice G. S. Kulkarni2 pages

Vks 916 wp 3977 of 1998

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3977 OF 1998 Smt. Asirunnisa wd/o Vajid Ally Qureshi and ors ...

Petitioners V/s.

Shri. K.A. Dalal (Since deceased) by his heir and legal representative Smt.Roshan K. Dalal and anr ...

Respondents None for the petitioner.

Mr. V.R. Tripathi, for the Respondent No.2.

CORAM : G.S. KULKARNI, J.

DATE : 5th JULY, 2017.

P.C. :

1] On 3rd July, 2017, this Court had passed the following order:- "1.

None appears for the petitioners. On 8th February, 2002, this Court had permitted the petitioners to serve the unserved respondents by personal service.

2.

Office note shows that the Advocate for the petitioners has not filed affidavit of service within the stipulated time and hence, the order dated 8th February 2002 passed against Respondent No.1 stands. The writ petition is therefore required to be proceeded against Respondent No.1, who was represented by Shri V.R. Tripathi, Advocate. 1/2

It may be noted that there is no interim relief, which was granted by this Court while admitting the petition. 3.

List the petition on supplementary board on 4th July, 2017 under the caption for "disposal/dismissal." 2] Accordingly the petition has been listed today for dismissal. Today again the petitioner is not represented. The names of parties and their advocates are correctly shown on the cause list. It is, therefore, apparent that the petitioner is not interested to prosecute this petition. It is accordingly dismissed for non prosecution.

[G.S. KULKARNI, J.] 2/2