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 WRIT WRIT PETITION NO.439 OF 1992 PETITION NO.439 OF 1992 PETITION NO.439 OF 1992 --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Office Office Office Notes, Office Notes, Office Notes, Office Court’s Court’s Court’s or Judge’s or Judge’s or Judge’s Memoranda Memoranda Memoranda of Coram, of Coram, of Coram, order order order appearance, appearance, appearance, Court’s orders Court’s orders Court’s orders or or or directions & Registrar’s directions & Registrar’s directions & Registrar’s orders orders orders -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- Coram: Coram: Coram: V.C.Daga, J V.C.Daga, J V.C.Daga, J Date: Date: Date: 22nd June, 2007 22nd June, 2007 22nd June, 2007 1. 1. 1. Inspite of service of the Inspite of service of the Inspite of service of the notice notice notice against petitioner nos. 1 against petitioner nos. 1 against petitioner nos. 1 and and and 2, no steps are taken by the 2, no steps are taken by the 2, no steps are taken by the said said said petitioners to engage any petitioners to engage any petitioners to engage any other other other lawyer to represent their lawyer to represent their lawyer to represent their interest interest interest before this Court. So before this Court. So before this Court. So far far far as the notice issued to as the notice issued to as the notice issued to petitioner petitioner petitioner no.3 is concerned, the no.3 is concerned, the no.3 is concerned, the same same same appears to have been appears to have been appears to have been returned returned returned with the bailiff’s with the bailiff’s with the bailiff’s remark remark remark "Address incomplete". In "Address incomplete". In "Address incomplete". In this this this view of the matter,it is not view of the matter,it is not view of the matter,it is not possible possible possible to issue fresh service to issue fresh service to issue fresh service on on on petitioner no.3. Since nobody petitioner no.3. Since nobody petitioner no.3. Since nobody is is is appearing on behalf of the appearing on behalf of the appearing on behalf of the petitioner petitioner petitioner nos. 1 and 2, and the nos. 1 and 2, and the nos. 1 and 2, and the petition petition petition is pending since 1992, is pending since 1992, is pending since 1992, this this this Court has no other Court has no other Court has no other alternative alternative alternative but to dismiss the but to dismiss the but to dismiss the petition petition petition for want of prosecution. 2. 2. 2. Petition is dismissed in Petition is dismissed in Petition is dismissed in default. default. default. (V.C.Daga, (V.C.Daga, (V.C.Daga, J) J) J)