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Bombay High CourtCRA/760/2009disposed off

Nandkumar Ganpat Phalke Deceased Through Pratima @ Ashwani N. Phalke And Others v. Vasudev Shobraj Rao

2023-12-01Hon'Ble Shri Justice Amit Borkar2 pages

7-cra-760-2009.doc SA Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.760 OF 2009 Nandkumar Ganpat Phalke (Deceased) Through Legal Heirs Pratima @ Ashwini N. Phalke & Others ... Applicants V/s.

Vasudev Shobraj Rao ... Respondent SHABNOOR AYUB PATHAN SHABNOOR AYUB PATHAN Date: 2023.12.02 10:31:06 +0530 Ms. Pranjali Jadhav a/w Mr. Vishwajeet V. Mohite, for Applicants.

Ms. Janhavee Joshi i/by Mr. Deepak Pandey, for Respondent.

CORAM

: AMIT BORKAR, J.

DATED : DECEMBER 1, 2023 P.C.:

1.

The record indicates that earlier also twice the civil revision application has been dismissed by this Court for non prosecution. 2.

On the last occasion, this Court passed following order: "None present for the Applicant, stand over to 01/12/2023 under the cation For Dismissal."

3.

Today learned Advocate for the applicant is unable to proceed with hearing of the application. The application arises out of an order passed under Section 6 of the Specific Relief Act, 1963.

7-cra-760-2009.doc 4.

In absence of willingness of Advocate to proceed with the civil revision application, the application needs to be dismissed for non prosecution.

5.

The civil revision application is dismissed for non prosecution.

6.

Interim relief granted earlier by this Court stands vacated. (AMIT BORKAR, J.)