Appeal was dismissed for want of prosecution as neither appellant nor respondents appeared and the appellant exhibited a lethargic attitude toward pursuing the matter despite being granted the last opportunity to argue in December 2004.
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1 226 fa 787-04
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
226 FIRST APPEAL NO. 787 OF 2004
NEW INDIA ASSURANCE COMPANY LTD VERSUS YASHODABAI RAMESH RATHOD & ORS
CORAM : K.K. SONAWANE, J.
DATED : 13TH DECEMBER, 2017.
Order :-
When the matter is called out, none appears for appellant as well as respondents. This court under order dated 10th August, 2017 observed lethargic and lackadaisical attitude on part of appellant to pursue matter. The last opportunity was granted to the appellant to argue the appeal, which came to be admitted in the month of December, 2004. However, it reveals that all efforts for adjudication of the appeal on merit did not evoke result. Hence, there is no propriety to keep the matter alive for appearance of applicant. Accordingly, appeal stands dismissed for want of prosecution. No order as to costs.
[ K. K. SONAWANE ] JUDGE
VSM.
New India Assurance Company Ltd
Yashodabai Ramesh Rathod
K.K. Sonawane
As recorded by the court registry
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