Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 4048 of 1992 Smt. Radhabai Ganpat Rupwate ...Petitioners V/s. Dhanraj Ganeshmal Ghajed & ors. ...Respondents Mr. R.M.Hardas for the petitioners. Mr. V.Z.Kankaria for resopndents 1(A). CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 13TH JANUARY, 2009 : 13TH JANUARY, 2009 : 13TH JANUARY, 2009 P.C. . Counsel for the Respondent at the outset points out that nothing survives for consideration in the present petition having regard to the fact that the premises in question are not in existence any more and that the Petitioner has already shifted her residence to some other premises. The protection under the Compromise Deed between the parties was to allow the Petitioner to stay in the suit premises during her lifetime. Implicit in that arrangement, the Petitioner could have stayed in the premises provided the premises were to exist. If the premises are not in existence any more, the Petitioner cannot pursue the present remedy which would only raise academic questions. 2. Counsel for the Petitioner, however, submits that he has no instructions in this behalf. Counsel for the 2 Respondents submits that above position was brought to the notice of Mr. Joshi, Advocate on record for the Petitioner long back and the Respondents were permitted to rely on additional evidence in terms of order passed in Civil Application No. 236/2001. Suffice it to observe that there is no reason to doubt the correctness of the stand taken on behalf of Respondents. If that stand is correct, it logically follows that the issues raised in the present Petition would become academic. For that reason, the Petition is disposed of as infructuous with liberty to the Petitioner to get this Petition revived on filing affidavit to counter the statement made on behalf of Respondents in relation to the factum of existence of suit premises after having substantiated her stand that the suit premises are very much in existence and she continues to reside therein. If such application is taken out by the Petitioner and the stand taken therein is acceptable, in that case the Writ Petition can be restored to the file to be proceeded on its own merits. Petition disposed of on the above terms. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]