IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE WRIT PETITION NO. 7151 OF 200 WRIT PETITION NO. 7151 OF 200 WRIT PETITION NO. 7151 OF 2007 Rupali Pradeep Shah.... Petitioner versus Ricky Om Prakash Ralhan & anr...... Respondent. Shri S.M. Shah for the petitioner. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. DATED; 26TH DATED; 26TH DATED; 26TH SEPTEMBER, 2007 SEPTEMBER, 2007 SEPTEMBER, 2007 P.C.; P.C.; P.C.; 1. Suit filed by the respondents herein came to be dismissed by the trial court under Order 17 Rule 3-A of CPC. The said dismissal is for want of prosecution and wihout any adjudication or rendering of a judgment. In an appeal, the First Appellate Court found fault with the order and observed that the trial court though dismissed the suit under Order 17 Rule 3-A of CPC it has not rendered the judgment on merit and so holding, the First Appellate Court has quashed the order passed by the trial court and remanded the matter for decision of the suit on merit subject to payment of cost of Rs.3000/-. 2. Perused the impugned order. Parties to the petition are near relations. The subject matter of the suit is immovable property. Having regard to the totality of the facts and circumstances, I do not deem it appropriate to interfere with the impugned order more so in exercise of writ jurisdiction. In the result, writ petition is summarily dismissed. .....