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Bombay High CourtCAW/2529/2013dissmiss for defaultnonprosecution

Smt. Shakuntala B. Pawar (Since Decd) By Lrs, Ganesh Baburao Pawar And ORS v. Smt. Sulbha Kashinath Sawant And ORS

2017-09-01Hon'Ble Shri Justice G. S. Kulkarni2 pages

Dusane 1/2 15 caw 2529.2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2529 OF 2013 IN WRIT PETITION NO.5833 OF 2000 Smt. Shakuntala B. Pawar ....

Applicants (since deceased) by her heirs and LRs Ganesh Baburao Pawar & Ors.

Vs.

Smt. Sulbha Kashinath Sawant ....

Respondents & Anr.

None for the Applicants.

None for the Respondents.

CORAM : G.S. KULKARNI, J.

DATE : 1 September 2017 P.C. :

The prayers in the civil application seek a review of the order dated 26 March 2012 passed by this court, whereby the petition came to be allowed. Perusal of the letter submitted by the advocate for the original petitioner addressed to the Registrar A.S., indicates that in pursuance of the orders passed by this court, a decree was lawfully executed and possession was taken on 5 December 2012 by the original

Dusane 2/2 15 caw 2529.2013 petitioner, Smt. Sulbha Kashinath Sawant. Thereafter, Smt. Sulbha Kashinath Sawant surrendered the possession of the suit premises to respondent no.2. On 26 January 2016, Smt. Sulbha Kashinath Sawant has expired.

It appears that in view of the above subsequent developments, the applicants in this civil application are not interested in pursuing this civil application. Even on some of the last occasions, the applicants were not represented. The names of the parties and their advocates are correctly indicated on the cause list. In the circumstances, the Civil Application is required to be dismissed for non-prosecution. It is so dismissed. No costs.

( G.S. KULKARNI, J.)