Dnyanoba Bhika Sorte v. Sudam Dnyanoba Jadhav And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by SONALI MILIND PATIL Date:

2023.06.19 17:10:05 +0530 CIVIL APPELLATE JURISDICTION SONALI MILIND PATIL SECOND APPEAL NO. 253 OF 2008 Dnyanoba Bhika Sorte ...Appellant

Versus

Sudam Dnyanoba Jadhav & Ors.

...Respondents

None for the Appellant.

Ms. Aparna Shinde, for the Respondents.

CORAM : MADHAV J. JAMDAR, J.

DATED : 19th JUNE 2023 P.C. :

1.

Heard Ms. Aparna Shinde, learned counsel appearing for the Respondents.

2.

None appears for the Appellant.

3.

The Second Appeal is of the year 2008.

4.

On 27th April 2023, this Court has passed the following order:- "1. Heard Ms. Shinde, learned Counsel appearing for the Respondents. None appears for the Appellant.

2. The Second Appeal is of the year 2008.

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3. Ms. Shinde, learned Counsel appearing for the Respondents states that the Respondents are the original Plaintiffs, who have filed the Suit in 1998 seeking specific performance. The Suit bearing Regular Civil Suit No. 25 of 1998 was decreed by the judgment and decree dated 20th April 2000 and the appeal filed challenging the same by the present Appellants also dismissed by the judgment and decree dated 21st September 2002. She further states that some of the Respondents are senior citizens. 4.Therefore, add the Second Appeal in the final hearing board commencing from 5th June 2023. To be shown in the category of 'Senior Citizens'."

5.

Thereafter, on 8th June 2023, matter appeared on final hearing board at Serial No.237. As none appeared for the Appellant, it was directed to be shown in the Supplementary Board for direction on 14th June 2023. On 14th June 2023 also, none appeared for the Appellant and therefore, the matter was adjourned to 15th June 2023 for final hearing/dismissal. On 15th June 2023, this Court has passed the following:- "1. Heard Ms. Devika Kakoo, learned counsel appearing for the Respondents.

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2. None appears for the Appellant.

3. The Second Appeal is of the year 2008. The same is expedited.

4. On earlier dates also, none appeared for the Appellant.

5. Stand over to 19th June 2023.

6.To be shown under the caption for "direction"/"dismissal".

7. It is made clear that if on that date, learned counsel of the Appellant did not remain present, then the Second Appeal will be dismissed for non-prosecution." 6.

Today also none appears for the Appellant. The Second Appeal is dismissed for non-prosecution.

[MADHAV J. JAMDAR, J.] 3/3