Acquitted writ petition held infructuous due to petitioner's absence and failure to oppose disposal notice. Cause of action assumed possibly still surviving.
Petition disposed of with liberty to revive if cause of action survives.
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VIDYASURESHAMIN Digitally signedby VIDYASURESH AMINDate:2021.09.0312:12:09 +0530
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47.WP616_2010
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 616 OF 2010
Prakash Tukaram Walvekar… Petitioner
Vs.
State of Maharashtra & Ors.… Respondents
None for Petitioner
Mr. C.D. Mali AGP for State
CORAM : G.S. KULKARNI, J.
DATE : 27th AUGUST 2021
P.C.:
1.Learned Government Pleader, Appellate Side had circulated in 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. These matters were accordingly listed before this
Court on 20 August, 2021 with a prior notice dated 17 August, 2021, by
which the parties were intimated that if the proceedings have not
become infructuous, then a praecipe be submitted in the office before its
listing on 20 August 2021.
2.On 20 August, 2021, when this petition was listed before the
Court and was called out, none appeared for the petitioner nor a
praecipe in response to the notice dated 17 August, 2021 stating that the
matter has not become infructuous was placed on record. However, to
give a second chance to the parties, the Court adjourned this petition, to
be listed today with a specific advance notice dated 24 August, 2021,
that the parties are again permitted to submit a praecipe if the
proceedings are not infructuous. Despite such second notice, no praecipe
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47.WP616_2010
is received in the present proceedings on behalf of the petitioner.
3. 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.
Prakash Tukaram Walvekar
State of Maharashtra
G.S. KULKARNI
As recorded by the court registry
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