reference to a writ petition pending before this
court at the relevant time. In fact no such writ
petition was pending. According to Mrs.Thadani,
learned counsel for the petitioners, the
petitioners’ advocate on record filed the said
pursis Exhibit-24 behind the petitioners’ back and
without her consent and knowledge pursuant to which
the order dated 16.12.2002 came to be passed by the
Adhoc Additional District Judge, Solapur dismissing
the Miscellaneous Appeal No.99/2001. Mrs.Thadani
further submitted that the petitioners had never
instructed her advocate to file such pursis.
According to Mrs.Thadani, the petitioner has filed
a complaint against the advocate with the Bar
Council. She further submitted that in fact the
petitioner was religiously following the different
proceedings against the respondents at different
level including this court and she absolutely had
no reason to withdraw the appeal and that too on
the ground that the writ petition was pending in
this court, which was factually incorrect.
Mr.Shah, learned counsel for respondent no.1, on
the other hand submitted that it is not open for
the petitioners to now contend that she had not
instructed her advocate to withdraw the appeal. In
support of his contention he placed reliance on the
