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 CIVIL CIVIL CIVIL APPLICATION NO. 132 OF 2003 APPLICATION NO. 132 OF 2003 APPLICATION NO. 132 OF 2003 in in in WRIT WRIT WRIT PETITION NO. 1885 OF 1994 PETITION NO. 1885 OF 1994 PETITION NO. 1885 OF 1994 --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- 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. Death of the sole petitioner was Death of the sole petitioner was Death of the sole petitioner was reported reported reported and consequently recorded in and consequently recorded in and consequently recorded in the the the order of this Court dated 28th order of this Court dated 28th order of this Court dated 28th August, August, August, 2002. Consequently, the 2002. Consequently, the 2002. Consequently, the petition petition petition was dismissed as abated. It was dismissed as abated. It was dismissed as abated. It appears appears appears that an application for that an application for that an application for abetment abetment abetment was moved and thereafter was moved and thereafter was moved and thereafter notices notices notices were issued to the were issued to the were issued to the respondents. respondents. respondents. Inspite of grant of Inspite of grant of Inspite of grant of sufficient sufficient sufficient time, no steps were taken time, no steps were taken time, no steps were taken either either either to remove the office to remove the office to remove the office objections objections objections or to effect service on or to effect service on or to effect service on respondent respondent respondent nos. 1 to 4 who were nos. 1 to 4 who were nos. 1 to 4 who were reported reported reported to be dead. No application to be dead. No application to be dead. No application for for for substituting their names was substituting their names was substituting their names was filed filed filed by the petitioner. This matter by the petitioner. This matter by the petitioner. This matter is is is pending in this Court since 2003. pending in this Court since 2003. pending in this Court since 2003. Another Another Another Civil Application No.134 of Civil Application No.134 of Civil Application No.134 of 2003 2003 2003 is also pending wherein office is also pending wherein office is also pending wherein office objection objection objection is reported by the office is reported by the office is reported by the office but, but, but, not been removed. Civil not been removed. Civil not been removed. Civil Application Application Application No.135 of 2003 is also No.135 of 2003 is also No.135 of 2003 is also pending pending pending for removal of office for removal of office for removal of office objections. objections. objections. 2. 2. 2. In these circumstances, all Civil In these circumstances, all Civil In these circumstances, all Civil Applications Applications Applications are rejected for are rejected for are rejected for non-removal non-removal non-removal of office objections. of office objections. of office objections. (V.C.Daga, (V.C.Daga, (V.C.Daga, J) J) J)