Bombay High Court

DATTA PANCHAYATAN AND ORS.versusMARUTI MALU SALUNKHE AND ORS.

Disposal: Disposed Off
Bench: MADHAV JAMDAR PRAVIN SHESHRAO PATIL

Holding

The writ petition was dismissed for non‑prosecution.

Summary

Datta Panchayatan and others filed a writ petition (No. 7323 of 2000) before the Bombay High Court against Maruti Malu Salunkhe and others. The petitioners sought relief, but the court found that they had not prosecuted the petition. Consequently, the court dismissed the writ petition for non‑prosecution. The court also noted that, in view of the disposal of the original LPA, the related Interim Application No. 3443 of 2022 and CAL No. 69 of 2014 could not survive. All pending applications were therefore disposed of, and no further orders were made.

Issues considered

What is the appropriate disposition of a writ petition that has not been prosecuted by the petitioners?

Subjects

writ petition
non‑prosecution
civil appellate jurisdiction
interim application
CAL
disposal

Judgment

                    ssm                                                       203-lpa40.2004.doc

                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                           CIVIL APPELLATE JURISDICTION

                                                 LPA NO. 40 OF 2004

                                                             IN

                                          WRIT PETITION NO. 7323 OF 2000

                                                        WITH

                                        INTERIM APPLICATION NO.3443 OF 2022

                                                        WITH

                                                 CAL NO.69 OF 2014

            Datta Panchayatan & Ors.                                    …..Appellants.

                                  Vs.

            Maruti Malu Salunkhe & Ors.                                 …..Respondents.

            None for the Appellants.

                                                    CORAM :        A. S. GADKARI AND
                                                                   SHYAM C. CHANDAK, JJ.
                                                      DATE :       16th FEBRUARY, 2024.
            P.C.:-

            1)                    None for the Appellants.

            2)                    Dismissed for non-prosecution.

            3)                    In view of disposal of LPA, Interim Application No.3443 of

            2022 and CAL No.69 of 2014 do not survive and are also disposed off.



                            (SHYAM C. CHANDAK, J.)                     (A.S. GADKARI, J.)


            Digitally signed by
SANJIV      SANJIV SHARNAPPA
SHARNAPPA   MASHALKAR
            Date: 2024.02.22
                                                                                                   1/1
MASHALKAR   18:43:54 +0530

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