Research › Search › Judgment

Bombay High Court · body

2025 DAILYLAW 75467 (BOM)

BHANOBA DEO TRUST TH.ITS PRESIDENT v. GANPAT VITHOBA MOHITE

WP/45/2002 · 2025-11-27

Shri Abhay Ahuja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

10-WP-45-2002 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 45 OF 2002 Bhanoba Deo Trust Th.Its President ...Petitioner V/s. Ganpat Vithoba Mohite ...Respondent None for the Petitioner. Ms. Shraddha Pawar i/b. Mr. Vilas Tapkir for the Respondent. CORAM : ABHAY AHUJA, J. DATE : 27th NOVEMBER, 2025 P.C. : 1. None for the Petitioner. 2. Ms. Pawar, learned Counsel appears for the Respondent and submits that the Respondent is dead and that she has no further instructions in the matter and that this Court may pass appropriate order. 3. On 24th September 2025, none had appeared for the Petitioner and also for the Respondent and the following order was passed: "P.C. 1. None for the Petitioner. 2. A perusal of the remark column in the cause list indicates that the Petition has been admitted in the year 2002 and is ripe Tikam 1/2 VAISHALI ANIL TIKAM Digitally signed by VAISHALI ANIL TIKAM Date: 2025.11.28 17:05:49 +0530 10-WP-45-2002 for hearing. 3. Accordingly, list for hearing on 27th November 2025. 4. It is made clear that if none appears for the Petitioner on the next date, this Court will consider dismissing the Petition." 4. Although it has been observed in paragraph 4 of the said order that if none appears for the Petitioner on the next date, this Court will consider dismissing the Petition and although none appears for the Petitioner today, and this Court can proceed to dismiss the Petition, however, since the Respondent is dead and no instructions are being received, in any case, the Petition has become infructuous. 5. Accordingly, on every count the Petition is to be dismissed and is hereby dismissed. (ABHAY AHUJA, J.) Tikam 2/2