When the petition is called out and taken up for hearing, Mr. Munshaw, learned advocate for the petitioner, is not present.
2. On 9.7.2012, below mentioned order was passed:-
"Mr.Munshaw, learned advocate for the petitioner has submitted that the petitioner has died and that, therefore, steps to implead heirs on record are required to be taken.
Learned advocate for the petitioner has requested for time to take necessary steps. Request is accepted. Two weeks' time as prayed for is granted. The office is directed to place the matter in cause-list for final hearing after necessary amendment, impleading the heirs or legal representatives on record on 23.7.2012."
HC-NIC Page 1 of 2 Created On Mon Aug 21 06:33:29 IST 2017 SCA/9008/2009 2 JUDGMENT
3. Now, the office has placed note dated 20.7.2012, which read thus:-
"It is respectfully submitted that inspite of Hon'ble Court's order dated 09/07/2012, passed by the Honourable Court, the Ld. Advocate for the petitioner has not impleaded heirs and representatives of deceased petitioner, as ordered."
4. Mr. Munshaw, learned advocate for the petitioner, had submitted, on previous occasion, that the petitioner has expired. Despite such fact, any steps were not taken by the learned advocate for the petitioner to implead the heirs/legal representatives on of the petitioner on record. Ordinarily, the Court would have dismissed the petition for non-prosecution. However, considering the fact that under order dated 29.9.2009, the petition was admitted, Court considered it appropriate to grant more time to the petitioner to take steps to implead heirs/legal representatives. The said aspect is recorded in the order dated 9.7.2012.
However, despite the said order, the petitioner has not taken necessary steps.
Therefore, the petition is dismissed for non-prosecution. Rule is discharged. Interim relief stands vacated forthwith.
(K.M.Thaker, J.) kdc HC-NIC Page 2 of 2 Created On Mon Aug 21 06:33:29 IST 2017