1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition No.1796/2010 ( Smt. Sngita Suhas Jain & another -: versus :- Hirendra O. Gautam & another ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri C.A. Joshi, Adv. for petitioners. CORAM : B.P. DHARMADHIKARI, J. DATED : JULY 15, 2010. Heard Adv. Shri Joshi for petitioners. This court has issued notice for final disposal on 16th of April 2010. Though the respondent nos.1 and 2 are served they have chosen not to appear on 22/6/2010 and even today. Adv. Joshi states that petitioner no.2 whose custody was in dispute has already expired. The respondent no.1 had agreed to compensate petitioner no.1 for expenses undertaken on petitioner no.2 and in impugned order passed below Exh.1 the Trial Court has overlooked that aspect. He, therefore, states that petition survives only to that extent. The petition was entertained only because of the issue of production of petitioner no.2 before Superintendent, Regional Mental Hospital, Nagpur; and now that issue is rendered infructuous. The entitlement of petitioner no.1 to expenditure incurred needs to be considered by the Trial Court. The petitioner is therefore, given liberty to file appropriate application before Ad-hoc District Judge-I, Akola 2 for said purpose. If such application is filed, the same shall be considered independently and in accordance with law by that Court. The observations, if any, in impugned order dated 11/3/2010 shall not influence that consideration. With this liberty and observations, present writ petition is disposed of. No order as to costs. JUDGE Tambaskar.