CHANDRAKANT PRABHAKAR JOSHI Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) None appeared for the petitioner, though repeatedly called out. Shri M.L. Dharashive, learned A.G.P. for respondents present. Heard Shri Dharashive, learned A.G.P.

(2.) Perused the record. The petitioner had filed a civil suit in the year 1979 in the Court of Civil Judge, Senior Division, Dhule against the respondents for protection of his structure standing in the compound of District Court at Dhule. The petitioner was running a canteen through one Dolas. The suit was filed on apprehension. Interim order was passed pending hearing of the suit, and suit proceeded further. On 24.6.1997, the petitioner appeared before the Court with an adjournment application, since his lawyer was out of station. The said application was rejected and the suit was dismissed for default. The petitioner, felt aggrieved by the impugned order of dismissal in default and was advised to make an application for restoration of the suit. The said application for restoration also came to be dismissed in default. It is also stated that the Misc. Application No.64/1997 under Order IX Rule 13 read with Section 151 of the Civil Procedure Code and an application Exhibit 5 for protection of interim possession and for maintaining status quo, both came to be rejected some time in August 1997. Hence, the petitioner filed this Civil Revision Application. Today also petitioner and his counsel, both are absent and it appears that the petitioner is not interested to proceed further this matter.

(3.) Upon consideration of the record and after hearing Shri Dharashive, learned A.G.P. for the respondents, I do not find any substance in the present Civil Revision Application. No case is made out by the petitioner for interference. The Civil Revision Application is, therefore, dismissed with costs. Rule discharged. Interim relief is vacated.