Dismissed
Gursidhappa Channappa Karanje v. Sunanada Baliram Salunke and Ors.
Bombay HCCA/934/2005
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(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
35 FIRST APPEAL NO.1394 OF 2004
WITH CA/934/2005 IN FA/1394/2004
GURSIDHAPPA CHANAPPA KARANJE
VERSUS
SMT.SUNANDA BALIRAM SALUNKE & ORS
...
Mr. CR Deshpande, Adv. For Resp.Nos.1 to 4;
Mr. S G Chapalgaonkar, Adv. For R/6.
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CORAM : P.R. BORA, J.
DATED : 15th OCTOBER,2018.
PER COURT:-
1.When the present matter was taken up for
hearing, no one has appeared for the appellant. On
the previous date, i.e. on 1st October, 2018, this
court has passed the following order, -
“1.ShriS.R.Barlinge,learned
Counsel appearing for the appellant,
submitted that according to the
instructions received to him, the
appellant is no more. The learned
Counsel seeks two weeks' time to
enable him to take on record the
names of legal heirs of deceased
appellant.“
2.Previous to that, on 14th September, 2018,
following order was passed by this court, -
“1.The record shows that the
appellant has not attended the
present matter in the past.
However, in the interest of justice,
stand over to 1st October, 2018 by
way of a last chance.
2.It is clarified that if the
(2)
matter is not worked out on the
given date, necessary orders would
follow.“
interested in prosecuting the matter further.
Since there is no concrete information, whether the
appellant is no more or is alive, the appeal cannot
be said to be abated. However, since the appellant
has failed in proceeding with the matter despite
due opportunities, no option is left except to
dismiss the appeal for want of prosecution. It is
accordingly dismissed for want of prosecution.
Pending civil application, if any, stands disposed
of.
4.The amount deposited, if any, if not
withdrawn by the original claimants, it would be
open for them to withdraw the said amount along
with interest accrued thereon.
(P.R. BORA)
JUDGE
bdv
As recorded by the court registry
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