Bombay High CourtWP/3089/2015dispossed offdismiss for default

Atmaram S/O Banduji Netanrao v. Kamlabai W/O Ramkrushna Roade And Others

2016-10-10Hon'Ble Smt. Justice V.A. Naik3 pages

FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3089/2015 (ATMARAM BANDUJI NETANRAO VERSUS KAMLABAI RAMKRUSHNA RODE & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - None for the petitioner.

CORAM : SMT. VASANTI A NAIK, J.

DATE : OCTOBER 10 , 2016.

By this writ petition, the petitioner-tenant challenges the judgment of the Ad-hoc District Judge-1, Achalpur, dated 07.01.2015, allowing the appeal filed by the respondents-landlords and directing the petitioner to handover the vacant possession of the tenanted premises to the respondents within two months of the judgment. Since the petitioner had not contacted his counsel, a statement was made by the counsel for the petitioner in this Court on 28.10.2015 that he intends to issue a notice to the petitioner for withdrawal of power. On 06.01.2016, none had appeared on behalf of the petitioner. A pursis was filed by the counsel for the petitioner on 08.01.2016 that the counsel had served a notice for withdrawal of power to the petitioner, that was duly served on the petitioner. A copy of the notice for withdrawal of power is annexed with the pursis.

It appears from the order-sheet and the statements in the pursis that the petitioner is not desirous of prosecuting the writ petition and that should be the reason for non-appearance of the petitioner in this Court on 06.01.2016 and today also.

Hence, the writ petition is dismissed for want of prosecution.

JUDGE APTE

CERTIFICATE I certify that this Order uploaded is a true and correct copy of original signed Order.

Uploaded by: Rohit D. Apte.

Uploaded on :10.10.2016.