: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1220 OF 2009 IN WRIT PETITION NO. 957 OF 1996 Mrs. Indira alias Mohini Daswani ... Applicant Vs 1. The Oriental Insurance Co.Ltd. & anr. ... Respondents Mr. Shivaji Lanke for the applicant. Mr. V.Y. Sanglikar, for the respondents No.1 and 2. CORAM: S.B. MHASE & R.M. SAVANT, JJ. DATED : 24TH JULY, 2009. P.C.: 1. Proceedings were initiated against the applicant/petitioner earlier under section 5(1) of the Public Premises Act, 1971 and an order of eviction came to be passed. The said order has been challenged in the above Petition. Since none remained present for the petitioner on 22nd March, 2006 and also on 27th March, 2006, the Division Bench (B.H. Marlapalle & D.B. Bhosale, JJ.) dismissed the Petition and Rule was, accordingly, : 2 : discharged. The interim stay was also vacated by the Division Bench. Thereafter, the possession of the premises has been taken by the respondent No.1 on 20th April, 2006. The aforesaid premises were given to the husband of the petitioner, as a tenant, who is now dead. In view of the aforesaid facts, as nothing survives for consideration in the main Writ Petition, the above Civil Application for restoration of the petition is rejected. Sd/- Sd/- (R.M. SAVANT) (S.B. MHASE, J.)