Shri Gajanan Narayan Thorwat And ANR. v. Shri Maruti Bapu Dhawan And Others.

205. AO 239.05.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION APPEAL FROM ORDER NO. 239 OF 2005 Mr. Gajanan Narayan Thorwat & Anr.

... Appellants.

V/s.

Mr. Maruti Bapu Chawan and Ors.

... Respondents.

Mr. P.D. Dalvi for the Appellants.

None for the Respondents.

CORAM : N.M. Jamdar, J.

30 June, 2016.

P.C. :- The learned Counsel for the Appellants states that the Appellants have disposed of the property on 12 May 2005 in favour of Respondent Nos. 11 and 12. In view of this position, the Appellants have no concern left with the suit property as regard Respondent Nos. 11 and 12 are concerned. The learned Counsel for Respondent Nos. 11 and 12 states that the clients have taken away the papers. No alternate arrangement is made. He has no instructions.

205. AO 239.05.doc 2.

The Appeal is pending since the year 2005. Since the Appellants no longer have any right left in the suit property, at their behest, the Appeal need not be kept pending. If the other party has any cause for challenging the impugned order in law, then it is open for them to apply this Court within reasonable time. Accordingly, since the Appeal at the behest of the Appellants cannot be entertained, it is accordingly disposed of with the above observations.

(N.M. Jamdar, J.)