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Bombay High CourtCAO/1097/2019rejected

Laxman S/O Vishwanath Malokar And Another v. Gangadhar Deorao Malokar (Since Deceased) Through His Lrs Smt. Chhayabai Gangadhar Malokar

2023-08-03Hon'Ble Shri Justice Anil S. Kilor2 pages

56.cao.1097.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.1097 OF 2019 IN MISC. CIVIL APPLICATION ST. NO.28016 OF 2018 IN REJ WRIT PETITION NO.674 OF 2018 Laxman s/o Vishwanath Malokar and another .Vs. Gangadhar Deorao Malokar Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order CORAM : ANIL S. KILOR, J.

DATED : 03/08/2023 1.

On 07.01.2023, the notices were issued to the respondents and the petitioners were permitted to serve the respondents by private mode in addition to regular mode of service. It was also observed that failure to file the affidavit of service by next date, the petitioners shall pay Rs.500/- as costs.

2.

The petitioners neither filed affidavit of service nor paid Rs.500/- as costs for such failure. Therefore, on 27.07.2023, it was further ordered to pay Rs.1,000/- as costs on failure of the petitioners to file affidavit of service and pay costs of Rs.500/-. Despite the same, neither the order dated 07.01.2023 nor the order dated 27.07.2023 are complied by the petitioners.

C.L.Dhakate

56.cao.1097.18.odt 3.

Moreover, from the office note, it appears that even the copies for service to the respondents by regular mode have not been supplied by the petitioners. 4.

From the above referred backdrop, it appears that the petitioners are not interested in pursuing the present matter. Accordingly, the application for condonation of delay in restoration of writ petition is hereby rejected. JUDGE C.L.Dhakate