ash 1 wp-2944.96 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO. 2944 OF 1996 Sevantilal Nagardas Gandhi. .. Petitioner Vs Miss Myrtle Nazareth & Ors. .. Respondents -- None for the Petitioner. Shri Madhav Jamdar for Respondent Nos.1, 5 and 6. -- CORAM : A.S. OKA, J DATED : 1ST DECEMBER, 2011 P.C. . This Writ Petition was called out for final hearing yesterday. As none appeared for the Petitioner, this Court directed the Advocate for Respondent Nos.1, 5 and 6 to give notice to the Advocate for the Petitioner informing him that the Petition will be taken up today at 3.00 p.m. Accordingly, the notice has been served. When the Petition is called out today, none appears for the Petitioner. 2. The learned counsel appearing for the Respondent Nos.1, 5 and 6 states that subsequently a suit for possession was filed by the Respondents against the Petitioner and in execution of the decree passed in the suit, the possession of the suit premises has been taken over from the Petitioner. ash 2 wp-2944.96 3. The present Petition arises out of the suit for declaration filed by the Petitioner claiming declaration that he has a right incidentally to his tenancy right to occupy a passage in front of the godown of which he was a tenant. Now the Respondents have obtained possession of the premises subject matter of tenancy. Hence, this Writ Petition in which the challenge is to the dismissal of the suit filed by the Petitioner will not survive. Moreover, the Petition already stands dismissed as against the Respondent Nos.2 to 4. 4. Hence, the Petition is rejected. Rule is discharged with no orders as to costs. ( A.S. OKA, J )