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Bombay High CourtCAW/3390/2015dissmiss for defaultnonprosecution

Anuradha Ramesh Mahale v. Ramesh Bapurao Mahale

2016-07-25Hon'Ble The Chief Justice1 pages

skn 1/1 3390.15-caw.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3390 OF 2015 IN WRIT PETITION NO. 1123 OF 2007 Mrs.Anuradha Ramesh Mahale.

...

Applicant.

V/s.

Ramesh Bapurao Mahale.

...

Respondent.

None for the applicant.

Aniket Abhyankar with Mrs.Anjali Helekar for the respondent. CORAM :

D.H.WAGHELA, C.J.

DATE :

25th July 2016.

P.C. :

No one is present for the applicant, even as learned counsel for the respondent is present. Mr.Abhyankar, Learned counsel for the respondent stated, on instruction, that none of the amount as claimed in the application is remaining due and the averments contained in the application are outdated since the application appears to have been drafted in the year 2009 and registered in the year 2015. Under the circumstances, the civil application is disposed for non-prosecution with liberty to file a fresh application in case of necessity and if any cause of action survives. The main appeal , if it survives, may be listed on 9th August 2016. CHIEF JUSTICE