CAW. 839-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 839 OF 2011 AND CIVIL APPLICATION No. 2359 OF 2009 IN CIVIL WRIT PETITION No. 615 OF 2001 Mr. Mubarak Mehboob Shaikh (since deceased, represented through the legal heirs) ...Applicant Vs. Ramchandra Krishnarao Karadkar (since deceased) ...Respondents *** Mr. Uday P. Warunjikar, for the Applicant. *** CORAM: V. M. KANADE J. DATE : JUNE 13, 2011 P.C. 1. This civil application is filed for restoration of the writ petition which was dismissed for want of prosecution, by virtue of a conditional order. Writ Petition was admitted in 2001. However, since during pendency of the petition, the petitioner expired, this civil application was taken out. However, after taking the Civil Application No. 2359 of 2009, respondent also expired, and therefore, intimation was given, as laid down under Order XXII of the Code of Civil Procedure. However, in spite of various letter being sent to the advocate appearing CAW. 839-11 - 2 - on behalf of original respondent, the names of legal heirs were not intimated to the petitioner’s advocate. In the mean time, Civil Application appeared on the board on 22nd January, 2009 wherein a conditional order was passed. Since the names of legal heirs of respondents were not available, they could not be served and consequently, civil application was dismissed. 2. In the mean time, the applicants have taken out Civil Application No. 2959 of 2010 for bringing legal heirs of respondent on record. In the said matter also since the names of legal heirs of respondent were not available, they could not be served. In the said Civil Application also a conditional order was passed on 1st October, 2009. However, since the names of legal heirs of respondents could not be obtained, no steps were taken, and therefore, Writ Petition was dismissed for non prosecution. Since names of legal heirs of respondent could not be traced and no steps were taken by the petitioner, conditional orders dated 22nd January, 2009 and 1st October, 2009 are liable to be set aside and Writ Petition is restored to the file. Civil Application Nos. 2359 of 2009 and 839 of 2010 are accordingly allowed and disposed of. As a last chance, four weeks time is granted to take appropriate steps. 3. However, it is made clear that since petitioner and respondent both have expired, the Civil Writ Petition stands abated and is disposed of. [ V. M. KANADE J.]