FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.734 OF 1993 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ This petition is pending since 1993. The petition has been dismissed as against Respondent No.1 vide order of the Additional Registrar, dated 20th April, 1998. When the matter was listed for hearing on 23rd February, 2005, this Court dismissed the petition primarily for non appearance of the petitioner or his Advocate. In that order, the Court had made reference to the order dated 20th April, 1998 passed by the Additional Registrar. 2 Indeed, the petitioner moved the Court for recalling the order dated 23rd February, 2005 and which request was granted on 17th December, 2008. The effect of order dated 17th December, 2008 is only to recall the order dated 23rd February, 2005 dismissing the petition for non appearance of the petitioner. The fact remains that even if the said order is recalled, that by itself does not dissolve the order passed by the Additional Registrar dated 20th April, 1998. That order would operate until it is set aside by the Court. No steps have been taken by the petitioner to get that order set aside till this date. Since the relief claimed in the petition is especially against the respondent No.1, the Executive Engineer, the position which has been stated in the order dated 23rd February, 2005, for the aforesaid reason, would remain the same. In that view, no relief can be granted to the petitioner in absence of the Executive Engineer, respondent no.1. 3 Thus understood, this petition will have to be dismissed for non prosecution. Order accordingly. (S.S. SHINDE, J) (A.M. KHANWILKAR,J) 21.01.2010. PLK/*