( 1 ) wp135.05 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 135 OF 2005 Gopalrao s/o. Ambadasrao Borikar .. Petitioner Versus Anantrao s/o. Ramrao Deshpande & Ors. .. Respondents WITH CIVIL APPLICATION NO. 11453 OF 2005 AND CIVIL APPLICATION NO. 3039 OF 2008 None for the petitioner. Mr. A.S. Deshmukh, Advocate for respondent No.1. Mr. G.V. Wani, Advocate for respondent Nos. 2 to 5. Mr. S.S. Deshmukh, Advocate for respondent No.6. CORAM : S.S. SHINDE, J. DATED : 11.03.2011 P.C. :- 1. This writ petition is filed challenging the order dated 12th March, 1997 by the Jt. Civil Judge, Senior Division, Parbhani below Exh. 44, in Special Civil Suit No. 1 of 1996. This matter was heard for admission by this Court, when this Court was pleased to issue notice to the respondents. The matter was listed for hearing from time to ( 2 ) wp135.05 time and on 07.12.2009 it appears from the order that the petitioner was not present in the morning session. However, he attended the proceedings in the evening session. 2. From the perusal of order dated 19.03.2010, passed by this Court, it appears that there was joint statement by the party in person and Counsel appearing for respective respondents that original suit filed by the party in person has been dismissed for want of prosecution and he has filed application for restoration of said suit. Thereafter, again the matter was listed for hearing on 8th June, 2010, 18th June, 2010, 19th July, 2010 and lastly on 7th March, 2011. The matter was adjourned from time to time to enable the party-in-person who is petitioner to facilitate him to get Civil Suit no. 1 of 1996 restored to its original file. However, it appears that the party in person has not informed this Court about the status of his Misc. Application No. 45 of 2010 for condonation of delay in filing restoration application to this Court. Therefore, on 7th March, 2011, this Court called report from the Court of Jt. Civil Judge, Senior Division, Parbhani. The report is received on 8th ( 3 ) wp135.05 March, 2011, stating therein that Special Civil Suit No.1 of 1996 is dismissed on 11th September, 2009 for want of prosecution. The plaintiff filed Misc. Application No. 45 of 2010 for condonation of delay in filing restoration petition in the said Special Civil Suit. However, same has been rejected on 23rd September, 2010. 3. Therefore, from the perusal of report received from the Court of Jt. Civil Judge, Senior Division, Parbhani, it appears that Misc. Application No. 45 of 2010 for condonation of delay in filing restoration petition has been rejected and as a result there was no question of entertaining petition for restoration. Therefore, position as stands today is that Special Civil Suit No. 1 of 1996 filed by the party in person (petitioner herein), stands dismissed for want of prosecution. Further, the application for condonation of delay in restoration petition also stands rejected. 4. Admittedly, this petition is arising out of interim order passed in Special Civil Suit No. 1 of 1996. Since Special Civil Suit No. 1 of 1996 itself is dismissed for want ( 4 ) wp135.05 of prosecution, this petition cannot survive. 5. In the light of aforesaid discussion, the petition cannot survive and same stands dismissed. 6. In view dismissal of the main petition, all connected pending Civil Applications also stand dismissed. [S.S. SHINDE,J.] snk/2011/MAR11/wp135.05