The High Court dismissed a writ petition for want of prosecution after the petitioner's counsel requested discharge due to the petitioner's uncontactability and failure to serve necessary notices.
Writ petition dismissed for want of prosecution.
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mgj
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
P.I.L.No. 173 of 2007
Firoj Badshah Mulla ..Petitioner
vs.
1. Khwaja Peer Sayyed
Hissamuddin Qatl-e-zanjani
Chiistee alias Thorla Shaikh
Sallah Darga and ors ..Respondents
Mr.Shekhar Jagtap i/b J.Shekhar and Co. for
petitioner.
Mr.G.S.Godbole for respondent nos.7, 8 and 11
Mr.R.V.Govilkar for respondent no.9
Mr.P.M.Patil, A.G.P. for respondent no.13, and 15
to 17.
CORAM:J.N.PATEL &
S.J.KATHAWALLAJJ.
12th November, 2008
P.C.
1. This matter was called out before us on 24th
September, 2008 when the learned Counsel for the
petitioner informed us that he wants to take
discharge in the matter and sought time to enable
him to give notice to that effect to the
petitioner. We, therefore, adjourned this matter
till today i.e.12th November, 2008 . At the time
of passing of the said order we had also made it
clear that the Counsel for the petitioner would
complete the formalities and also inform the
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petitioner that on 12th November, 2008 if none
appears for the petitioners this Court will pass
appropriate orders including dismissal of the
petition for want of prosecution.
2. Today, learned Counsel for the petitioner once
again appears before us and informs us that the
petitioner is not contactable and he has been
unable to inform the petitioner about the order
dated 24th September, 2008 and that he wants to
seek a discharge. In view of the above, we are
constrained to dismiss the above writ petition for
want of prosecution.
(S.J.KATHAWALLA J.) (J.N.PATEL J.)
1 issue framed by the court
Whether the writ petition be dismissed for want of prosecution due to non-appearance of the petitioner and inability of counsel to serve notice.
Firoj Badshah Mulla
Khwaja Peer Sayyed
Hissamuddin Qatl-e-zanjani
Chiistee alias Thorla Shaikh
Sallah Darga and ors
J.N.PATEL
S.J.KATHAWALLA
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court