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Bombay High CourtWP/1362/2013dissmiss for defaultnonprosecution

Shri. Rajendra Baburao Patil And ORS v. State Of Maharashtra, Through Secretary, Dept Of Primary Education And Sports And ORS

2018-07-24Hon'Ble Smt. Justice Bharati Dangre,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

ASWP1362.13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1362 OF 2013 Syed Rehmat Pasha 1 Shri Rajendra Baburao Patil & Ors.

... Petitioners Vs by Syed Rehmat Pasha Date: 2018.07.26 19:56:20 +0530 1 State of Maharashtra & Ors.

... Respondents None for the Petitioners.

Mr. S.B. Kalel, AGP, for the Respondent Nos.1 & 3- State. Mr. Ranjit Shinde i/b Tanaji Mhatugade for the Respondent No.4. Mrs. S.V. Bharucha for the Respondent No.5.

CORAM : S.C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ.

TUESDAY, 24TH JULY 2018 P.C. :

The petitioner and the advocate, both are absent. The writ petition is filed in the year 2013 and to be precise on 1st February, 2013. When it was first placed before a Court way back on 12th February, 2013, i.e. five and a half years back, the following order was passed :

"

At the request of the petitioners, stand over to 18th February 2013. Humdast allowed.

SRP 1/2

ASWP1362.13.doc Any steps taken herein will be subject to further orders in the Writ Petition."

After not succeeding in obtaining any interim orders, the petitioners have lost interest and that is evident from the fact that on sixteen occasions prior to today, this matter was listed, but no attempt has been made to seek any relief in terms of the prayers nor to have the case decided by submitting relevant materials and canvassing oral submissions.

At the instance of the petitioners, on 10th February, 2013, the second respondent was also served. Today, we have a scenario where, except for the petitioners and their counsel, all the contesting parties are before us.

In the circumstances, we do not think that we should keep this petition pending. It is dismissed for want of prosecution.

SMT. BHARATI H. DANGRE, J.

S.C. DHARMADHIKARI, J.

SRP 2/2