Learned counsels for the O.P. No.1 and 2 are present and have filed separate lawyers Hazera. Petitioner is absent on repeated calls. No step taken on his behalf .Perused the record ,it is seen that except filing of hazira on 16.08.2017 the petitioner and his counsel are not appearing before this Forum for hearing of the case since last many dates( more than10 dates ).

                    On 15.02.2017 the petition filed by the counsel for the O.P. No.2 along with copy of R (12) of C.P.Regulation  2005 with prayer to dismiss the misc. case as not maintainability is pending for consideration  .Though petitioner’s counsel received the copy with objection on same day i.e. 15.02.2017 but till date he has not filed written objection to the above petition of the O.P. No.2. Thereafter   the petitioner is remaining absent continuously. Without hearing argument from petitioner side, it may be difficult to pass any order regarding maintainability of this case and on the merit of the case.

                     In the above premises, it is presumed that the petitioner is not interested to proceed with this case anymore. Adjourning the case will be unnecessary wastage of time. So, the case is dismissed due to default of the petitioner.