The Single Judge disposed of Writ Petition No. 112 of 2012 as infructuous due to the non-availability of the petitioner and absence of a praecipe stating that the cause of action survives.
Petition disposed of as infructuous; liberty granted to revive.
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911.WPNo.1122012.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 112 OF 2012
Sushama Yogesh Gaikwad…Petitioner
V/s.
Namdev Eknath Nikam & Ors. …Respondents
-----
None for the Petitioner.
Mr. R. A. Salunkhe, AGP for the Respondent/State.
C0RAM : G. S. KULKARNI, J.
DATE : OCTOBER 08, 2021
PC :
1. Learned Government Pleader, Appellate Side had circulated with the
Registry a list of old infructuous matters so that these matters could be listed
and disposed of as infructuous. This petition is one of such matters in the list.
This list of infructuous matters was notified by the office by its notice dated
01/10/2021, by which the parties/advocates were intimated that if the
proceedings have not become infructuous, then a praecipe be submitted in
the office before its listing stating that the matter needs to be adjudicated.
Accordingly, after such prior notice, this matter is listed today before this
Court.
Gaikwad RD 1 / 2
911.WPNo.1122012.doc
2 No praecipe has been received on behalf of the petitioner or the advocate for the petitioner stating that something would survive for adjudication in this petition.3 Even when this petition was called out, none appears for the petitioner. It, therefore, appears that the petitioner is not interested to prosecute this petition and/or it has become infructuous. The petition is, accordingly, disposed of, however, with liberty to the petitioner to revive the petition in the event the petitioner feels that the cause of action still survives.4. Disposed of in the above terms. No costs.
5. Civil Application, if any, also stands disposed of.
(G. S. KULKARNI, J.)
Digitally signed by RAJU RAJU DATTATRAYA DATTATRAYA GAIKWAD GAIKWAD Date: 2021.10.20 15:27:19 +0530
Gaikwad RD 2 / 2
Sushama Yogesh Gaikwad
Namdev Eknath Nikam
Gane Shankar Kulkarni
As recorded by the court registry
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