Balbhim Madhukar Shelke And ANR. v. Dinkar Sopan Shelke And ORS.

1/2 WP/7048/2006 Tapadia RR/B.210

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7048 OF 2006 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

None for Petitioners.

Mr.

Parag Tilak, Advocate for Respondents.

CORAM: R.G.KETKAR, J.

DATE : 22/06/2015 PC:

1.

None appears for the petitioners.

Heard Mr.Parag Tilak, learned counsel for the respondents. Perused the earlier order dated 12.6.2015.

2.

Mr. Tilak submitted that the petitioners filed application at Exhibit-5 for temporary injunction against the respondents. By order dated 25.8.2006, the application was dismissed. Aggrieved by that decision, the petitioners instituted Misc. Appeal No.29 of 2006.

That was also dismissed on 30.9.2008.

Aggrieved by these decisions, the petitioners instituted present Petition.

3.

By order dated 23.3.2007, Petition was admitted by issuing Rule. Interim

2/2 WP/7048/2006 relief was, however, declined.

4.

In the order dated 12.6.2015, it was recorded that none appeared in the morning session when the matter was called out. Even in the afternoon session, none appeared for the petitioners. In view thereof, the matter was adjourned to. 15.6.2015. It was made clear that in case on the next date of hearing nobody appears on behalf of the petitioners, Court will be constrained to dismiss the Petition for non prosecution.

5.

On 15.6.2015 none appeared for the petitioners and the matter was adjourned till today. It was further ordered for listing of this petition under caption 'for dismissal'.

6.

Even today, none appears for the petitioners. It appears that the petitioners are not interested in prosecuting this Petition. Hence, Petition is dismissed in default. Rule is discharged. No order as to costs.

(R.G.KETKAR, J.)