Jadhavbai Mishrimal Lalwani. v. Manimal Ujamachi Vora.

2025:BHC-AUG:25644 1 42-wp 460-1997.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 460 OF 1997 Jadhavbai Mishrimal Lalwani .. Petitioner

Versus

Manilal Ujamachi Vora .. Respondent Mr. P. S. Agrawal, Advocate for the Petitioner. Mr. M. S. Shah, Advocate for the Respondent.

CORAM : KISHORE C. SANT, J.

DATE : 19th SEPTEMBER, 2025.

PER COURT :- .

Both the learned advocates are unable to state anything about the present status as they could not get the instructions from their clients in spite of their attempt to try to contact. 2.

This writ petition arises out of the suit filed in the year 1985 i.e. R.C.S. No. 13/1985 filed by the present petitioner seeking eviction of the respondent - tenant from the premises. The suit was decreed on 17.08.1994 and the appeal was preferred by the respondent - tenant bearing R.C.A. No. 72/1994. The same came to be allowed by judgment and order dated 17.08.1995. Thus,

2 42-wp 460-1997.odt the petitioner has approached this Court.

3.

In the meantime, Civil Application No. 6183/2008 came to be filed for bringing on record legal heirs of the petitioner. This Court issued notice to sole respondent. The notice could not be served as respondent is reported to be dead. Thus, now sole respondent is also dead. No instructions are received by the learned advocate for the petitioner. In the petition, rule was granted on 27.02.1996.

4.

Considering the above positing, keeping the writ petition pending would be of no use. Therefore, rule stands discharged. Writ petition stands disposed of.

( KISHORE C. SANT, J. ) P.S.B.