Nalini Shah v. The State Of Maharashtra And ORS

1 8.125557.19 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12557 OF 2019 WITH INTERIM APPLICATION NO. 1 OF 2019 Nalini Shah ....Petitioner V/s.

The State of Maharashtra and others .....Respondents Mr. Vivek Kantawala a/w Mr. Amey Patil, Hetal Jobanputra i/b Mr. Vivek Kantawala & Co. for the Petitioner Mr. A. B. Kadam AGP for Respondent no. 1 None for Respondent nos. 2 & 3 CORAM :

NITIN W. SAMBRE, J.

DATE:

DECEMBER 11, 2020.

P.C.:

1] None for Respondent nos. 2 & 3. Learned AGP appears for Respondent no. 1.

2] Shri. Vivek Kantawala, learned counsel appearing for the Petitioner has placed on record an intimation of dismissal of

2 8.125557.19 wp.doc proceedings before the Court below issued by the counsel for Respondent no. 2 i.e. Shri. Devang Shah. Same is taken on record and marked as 'X' for identifcation.

3] As the proceedings in which the order impugned is passed is informed to have been dismissed for want of prosecution by the Court below, in my opinion, present Petition has rendered infructuous and is accordingly disposed of.

4] However, as prayed, a liberty is reserved in favour of Petitioner, so as to apply for restoration, in case if the proceedings which are dismissed by the Family Court out of which the impugned order is arising of, is restored by the said Court.

5] As a consequences of above, pending Interim Application, if any, is also stands disposed of.

[NITIN W. SAMBRE, J.]