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2003 DAILYLAW 1343 (BOM)

SHRI. SHANKAR MUKTAJI GAVHANE v. SMT. SHANTABAI BABURAO GAVHANE (DESD) LRS.

WP/9704/2003 · 2026-09-07

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

11.as.wp.9704.2003.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9704 OF 2003 Shri Shankar Muktaji Gavhane … Petitioner Versus Smt. Shantabai Baurao Gavhane (decd) thr. Lrs. Shri Pralhad Baburao Gavhane & ors. … Respondents *** Mr. Dilip Bodake a/w Mr. Shreeniwas Magar a/w Ms. Shraddha Pawar for the Petitioner. None for the Respondents. *** CORAM : M.M. SATHAYE, J. DATE : 7 SEPTEMBER, 2026 P.C. : 1. On 31.08.2026, following order was passed : 1. Pursuant to the last order, learned counsel for the Petitioner has placed on record a copy of written communication dated 16.06.2026 sent to the sole Petitioner by Speed Post A.D. He has also placed on record copy of the packet/envelop returned from the postal authority with endorsement that it could not be delivered because of insufficient address. The said copies are taken on record and marked 'X' for identification. 2. It appears that since the sole Petitioner cannot be contacted on given address, learned Advocate for the Petitioner is not in position to effectively assist the Court. 3. The situation amounts to non prosecution. 4. At the request of learned counsel for the sole Petitioner, stand over to 07.09.2026 as last opportunity. To be listed for 'dismissal'. Vina Khadpe 1 VINA ARVIND KHADPE Digitally signed by VINA ARVIND KHADPE Date: 2026.09.07 18:48:17 +0530 11.as.wp.9704.2003.doc 2. Today the matter is listed for dismissal. 3. Learned Counsel for the Petitioner has placed on record a copy of the communication dated 01.09.2026 (issued to sole Petitioner on another address) along with copies of postal receipt and tracking report indicating that the packet is returned to sender because the addressee is found deceased. The said copies are taken on record and marked as ‘X1’ for identification. He submits that as per the latest report, the petitioner is reported to be dead. 4. Considering the aforesaid situation, the Petition is disposed of as abated. Interim / ad-interim relief, if any, stands vacated. 5. All concerned to act on duly authenticated or digitally signed QR verifiable copy of this order. (M.M. SATHAYE, J.) Vina Khadpe 2