1 MSS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2074 OF 1999 SHIVAJI BALU PAWAR .. PETITIONER Vs. THE STATE OF MAHARASHTRA & ORS... RESPONDENTS Mr. P. J. Pawar for the petitioner Mr. P. P. Kakade, AGP CORAM:SMT.RANJANA DESAI & SMT. R. S. DALVI,JJ. DATE: 11/2/2008 P.C. . A complaint was filed against the petitioner in the Pune District Consumers’ Dispute Redressal Forum being Case No. PDF/904/94. On 31/3/97 the Consumer Forum allowed the complaint. The Forum directed the petitioner to pay Rs.8,000/- to the respondent for less area, plus Rs.2000/- for mental harassment and Rs.200/- as costs of the complaint. 2. The petitioner carried an appeal before the Consumer Disputes Redressal Commission Maharashtra State being Appeal No. 731 of 1997. The petitioner remained absent on the date of hearing of the appeal. The Commission noted that on 2 15/5/98 the petitioner had agreed to settle the matter for Rs.20,000/- by giving shop of carpet area of 121 sq. ft. The Commission recorded that the settlement had failed. The appeal was, therefore, dismissed for default for non-appearance of the petitioner. In this writ petition, the petitioner has challenged the said order. 3. The petition is filed on 1/4/99. We are in 2008. The petition is repeatedly adjourned on the ground that the dispute is likely to be settled. It appeared on our board on two occasions. We also adjourned the petition on the request of learned counsel for the petitioner hoping that, if settlement is arrived at the petition could be disposed of in terms thereof. 4. Learned counsel for the petitioner states that he has sent a telegram to the petitioner, however, the petitioner has not responded. It appears that the petitioner is not interested. A petition filed in the year 1999 cannot be kept pending in this manner when we find that the petitioner himself is not interested. Petition is dismissed. JUDGE 3 JUDGE