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Bombay High CourtCAW/678/2017dissmiss for defaultnonprosecution

Mr. Jasbirsigh Premsingh Arora And ANR. v. Shri Vasanji Jatashankar Joshi

2017-09-08Hon'Ble Shri Justice M.S. Sonak1 pages

skc 903-CAW-678-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 678 OF 2017 IN WRIT PETITION NO. 4275 OF 2003 Jasbirsingh Premsingh Arora & Anr. ..Applicants/Org.Respdts. vs.

Vasanji J. Joshi ..Respondent/Org. Petr.

Mr. R. D. Vora for Applicant in CA.

None for Respondent / Original Petitioner.

CORAM : M. S. SONAK, J.

DATE: 08 SEPTEMBER 2017 P.C :

1] Mr. Vora, the learned counsel for the applicants states that necessary affidavit of service has been filed. He states that even the Registry has issued intimation to the original petitioner and despite such intimation, the original petitioner is not present. 2] On 22nd August 2017, this Court made the following order:- "1] Taking into consideration the orders made by this Court on 6th June 2017 and 7th August 2017, place this petition on 8th September 2017 on Supplementary Board under the caption 'for dismissal'.

2] The applicants in the civil application to once again address a notice to the respondent i.e. the petitioner in the main petition, informing him of the present order. Necessary affidavit of service to be filed before the next date." 3] Even today, neither the original petitioner nor his Advocate are present.

4] In view of the aforesaid, this petition is dismissed for non prosecution.

5] Ad interim order, if any, stands vacated.

Chandka (M. S. SONAK, J.) 1/1