1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.483 OF 1991 WITH CIVIL APPLICATION NO.601 OF 2003 Somnath Waman wani. ...Petitioner. Vs. Narsaji Phulaji Oswal & Ors. ...Respondents. .... Mr. Ajay S. Patil i/b. Ms.Suhasini Mutalik for the Petitioner. Mr. Navin B. Shah for the Respondents. ..... CORAM : DR.D.Y.CHANDRACHUD, J. September 18, 2008. P.C. The petition has been placed on the Board under the caption of 'settlement'. Shri N.B. Shah, Learned Counsel appearing on behalf of the Respondents has stated before the Court that the Respondents had sold the property in the year 1960 to a builder who had since demolished the building and a new building has been reconstructed. A praecipe dated 18th September 2008 filed by Counsel appearing on behalf of the Respondents, duly signed by the Respondents, is taken on record and marked “X”. 2 Counsel appearing on behalf of the Petitioner states that no instructions are forthcoming from the Petitioner on whether he is desirous of pursuing the petition and on whether anything would survive in these proceedings. In the circumstances, the Court is constrained to dismiss the petition for want of prosecution. However, the Petitioner would be at liberty to apply to the Court for restoration of the petition and for consequential orders in the event that the Petitioner is still desirous of pursuing the petition. The petition is accordingly dismissed for want of prosecution. In view of the disposal of the Petition, the Civil Application does not survive which accordingly stands disposed of. .....