- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3347 OF 2006 ... Pratibha G. Bhagwe ...Petitioner v/s. The State of Maharashtra and ors. ...Respondents ... Mr.Vijay Gharat for the Petitioner. Mr.R.M.Patne, AGP for State. Mr.J.M.Chodankar for Respondent No.3. ... CORAM: D.K.DESHMUKH, J. DATED: 29TH FEBRUARY, 2008 P.C.: 1. By this petition the Petitioner challenges the order passed by the trial court declining to restore - 2 - the suit filed by the Plaintiff. The suit was filed by the Petitioner in the year 1993. That suit was dismissed for non-prosecution in the year 1993 and Notice of Motion for restoration of that suit was taken out in November, 2004. It is apparent from the affidavit filed in support of the Notice of Motion and the copy of the plaint that the Plaintiff had filed the suit seeking a declaration that allotment of Milk Booth to the Defendant No.3 is invalid. 2. An affidavit has been filed on behalf of the Defendant No.3 dated 25-1-2008 where the Defendant No.3 has stated that Milk Booth allotted to him has been demolished by the M.M.R.D. There is no rejoinder filed. Thus a very cause does not survive. Therefore, no useful purpose will be served by restoring the suit. Petition is, therefore, disposed of. ...