The High Court Bench dismissed the family court appeal for lack of prosecution. The appellant failed to appear before the appellate court after the lower court placed the matter for dismissal.
Appeal dismissed for lack of prosecution; pending civil application disposed off.
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2-FCA-20-2022.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
FAMILY COURT APPEAL NO.20 OF 2022
WITH CA/4953/2022 IN FCA/20/2022
RAHUL RAMAKANT KULKARNI
VERSUS
NEETA W/O RAHUL KULKARNI
Mr. K. B. Borde, Advocate for appellant – absent
Mr. Anil S. Shivpuje, Advocate for respondent sole - absent
CORAM: RAVINDRA V. GHUGE AND
Y. G. KHOBRAGADE, JJ.
DATE: 12.06.2023.
PER COURT :-
1.On 21.04.2024 this Court (Coram: Nitin W. Sambre
and S. G. Chapalgaonkar, JJ.), passed the following order:
“. Mr. S. V. Kulkarni, learned counsel appearing for appellant seeks discharge in the matter since appellant has taken away all the papers of the petition and he has an acknowledgment to that effect.2.In the wake of above, place this matter for dismissal
on 12th June, 2023 as none appears for the appellant.”
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(( 2 ))
2-FCA-20-2022
2.In view of the above order, this matter is kept before us
today for passing dismissal order if none appears for the appellant.
This matter is at serial No.2 and the appearance of Advocate K. B.
Borde on behalf of the appellant has been shown. Even after a pass
over, none appears at the second call.
3.In view of the above, this appeal is dismissed for lack of
prosecution. The pending civil application would not survive and
stands disposed off.
[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ]
SMS
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Rahul Ramakant Kulkarni
Neeta W/O Rahul Kulkarni
Ravindra V. Ghuge
Y. G. Kobragade
As recorded by the court registry
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