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Bombay High CourtCRA/452/2017

Ramanik Premji Veera (Since Deceased) Thr. Lrs. And ORS. v. Shri. Anant Ganesh Petkar

2019-02-12Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

904.CRA.452-17-GR.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Revision Application NO. 452 OF 2017 Ramanik Premji Veera (since deceased) through L.R. and others ...Applicants

Versus

Shri. Anant Ganesh Petkar

...Respondent

WITH Writ Petition NO. 9347 OF 2017 WITH Writ Petition NO. 9359 OF 2017 ....

Mr. Gajanan M. Savagave, Advocate for the Applicants. Mr. Nitin P. Dalvi, Advocate for the Respondent. ....

CORAM : R. G. KETKAR, J.

DATE : 12th FEBRUARY, 2019 P.C.

1.

Heard Mr.Gajanan Savagave, learned counsel for the applicants and Mr.Nitin Dalvi, learned counsel for the respondent. 2.

These matters were heard on 4.2.2019. On that date, the submission of the learned counsel for the parties that settlement is not possible and the petition to be argued on merits, was recorded. At the request of Mr. Savagave the matters were adjourned till today i.e. 12.2.2019 to be listed in the supplementary board as a last chance. 1 / 2

904.CRA.452-17-GR.doc 3.

Today Mr. Dalvi submits that the parties are exploring the possibility of settlement and seeks time. I indicated that in view of the earlier order the Court is not inclined to adjourn the matters on the ground of settlement. Mr. Savagave seeks adjournment on the personal ground that he is not in a position to argue the matters. He thereafter submitted that he has engaged Mr. P.S. Dani to argue the matters and since he is not available again sought adjournment. 4.

By order dated 4.2.2019, it was expressly made clear that the matters were adjourned till today as and by way of last chance. Mr.Savagave despite giving opportunity did not proceed to argue the matter. Hence, Civil Revision Application No.452/2017 along with Writ Petitions No.9347/2017 & 9359/2017 are dismissed in default. If application for restoration is taken out, the same will be considered only if the parties are ready to proceed with the matters on merits. Order accordingly.

(R. G. KETKAR, J.) Deshmane (PS) 2 / 2