1 WP 2040/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2040 OF 1997 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. S.M. Oka for the petitioners. CORAM : D.G. KARNIK, J. DATE : 5TH JANUARY 2011 P.C. : 1. Learned counsel for the petitioners states that the petitioner no.2 expired in the year 2008 and he has no instructions for bringing the heirs on record and continue with the petition. 2. Record discloses that the petition has been dismissed against the respondent no.1 vide order of the Registrar dated 5th December 2005. That order has become final. The 2 WP 2040/10 respondent no.1 was the original co-tenant along with the respondent no.2. Decree of dismissal of the suit against respondent no.1 has become final. As such, it cannot be set aside only qua respondent no.2 and the entire petition must therefore fail. 3. The writ petition is dismissed. Rule is discharged. (D.G. KARNIK, J.)