FAKRUDDIN A TINWALA Vs. YAKUB MOHMMED SHARIFF BANGLAWALA

JUDGEMENT

(1.) THIS petition was listed in the cause list of For Orders on 15th September, 2010. When the matter was taken up for hearing on that date, the petitioner's advocate was not present hence, the petition was adjourned to today. Today also, when the petition is taken up for hearing, the petitioner's advocate is not present. In the present petition, the petitioner has challenged the order allowing the respondent-original defendant to tender/enter on record its written statement, though after expiry of the prescribed period/limitation for filing the written statement. By the impugned order dated 20th October, 2004 passed below application Exh.210, the learned trial Court permitted the defendant to place on record his written statement. The said order came to be passed after considering the facts and circumstances due to which the respondent-original defendant was not able to file his written statement within prescribed time. Almost 6 years have passed by since the impugned order was passed. Likewise, almost 4 years have rolled by since the petition came to be filed and the petitioner has not cared to prosecute the petition after filing it and even after the order dated 19.01.2005 was passed. By order dated 19.01.2005, the impugned order was placed under suspension, however, the suit proceedings were not stayed. By now, subsequent progress in the suit proceedings must have been taken and in all probability, the suit proceedings might also have come to an end. Hence, the petition is not entertained and the same is dismissed at this stage for non-prosecution. Rule is discharged. Interim relief, if any, granted earlier, stand vacated forthwith.