Bhagwat Dashrath Kawade And Anothers v. Naryan Pandhrinath Kolhe And Anothers

2025:BHC-AUG:6675 1 908-WP-5400-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5400 OF 2016 BHAGWAT DASHRATH KAWADE AND ANOTHER

VERSUS

NARYAN PANDHRINATH KOLHE AND ANOTHER ...

Mr. Sandeep Y. Mahajan, Advocate for the Petitioner ...

CORAM : MANJUSHA DESHPANDE, J.

DATE : 07th MARCH, 2025 PER COURT :

1.

Petitioner has challenged the order dated 02/11/2015, passed by learned Joint Civil Judge, Junior Division, Washi, below Exhibit-20 in R.C.S. No.134/2015.

2.

Learned advocate for petitioners has placed on record the order dated 21/12/2024 passed by learned Joint Civil Judge, Junior Division, Washi, below Exhibit-01 in R.C.S. No.134/2015, wherein the suit itself is dismissed for want of prosecution under Order IX Rule 3 of the Code of Civil Procedure. This order is taken on record and marked as 'X' for the purpose of identification. 3.

Learned advocate for petitioner submits that as per his instructions the suit has not yet been restored, therefore, the writ petition may be disposed of as infructuous. However, he may be granted liberty to renew his request after the suit is restored. 4.

In view of dismissal of the suit, writ petition is disposed of as infructuous, with liberty to the petitioner to renew his request when the suit is restored.

(MANJUSHA DESHPANDE, J.) SVH