1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.7235 OF 2008 Ramrao Genaba Koli ...Petitioner vs. 1 Vithal Bapu Parekar 2 Mohan Manikrao Patil ...Respondents Mr.V.B.Rajure for the petitioner None for the respondents CORAM :A.S.OKA,J. DATE : MARCH 2, 2010 P.C. 1 On 3rd August 2009, this Court issued notice to the respondents for final disposal at admission stage. On 16th September 2009 when the writ petition was placed before this court, there was an office remark that the notice was dispatched on 18th August 2009 but the same has not been received back. On 14th October 2009, this Court directed the registry to issue reminder to the concerned Court as notice issued on 18th August 2009 is not received back. On 25th January 2010, when this Court found that notice issued on 18th August 2009 was not received back and reminders were issued, this Court directed the Registrar (Judicial-I) to call for the explanation from the concerned Court. 2 I have perused the report dated 23rd February 2010 submitted by the learned Principal District Judge, Pune. Along with the said report, he has enclosed the copies of reports submitted by the Civil Judge (Senior Division) Pune and Civil Judge (Senior Division) Indapur. The reports show that the notice of this Court was not delivered to the concerned Court. It appears that notice packet taken by hand by the petitioner was not delivered 2 to the concerned Court. The learned counsel for the petitioner states that he had taken Hamdust of notice issued on 18th August 2009 which was handed over to the petitioner. The report submitted by the learned Principal District Judge shows that though the petitioner had taken Hamdust, the same was not delivered to concerned Court for effecting service. In the circumstances, there is a serious lapse on the part of the petitioner who had taken Hamdust from this Court. The petition has remained pending from 3rd August 2009 and ad-interim relief is operating in favour of the petitioner. The ad-interim relief was continued in view of the office remarks that notice was not returned. 3 In view of the default on the part of the petitioner, the petition is dismissed for non prosecution. JUDGE