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Bombay High CourtCAF/4952/2016dissmiss for defaultnonprosecution

Shri. Krishna Raghu Khodake v. Shri. Ramchandra Aba Rakate ANR ORS.

2017-01-04Hon'Ble Shri Justice M.S. Sonak2 pages

DSS 22-caf-4951-4952-16 in FAST-28777-92.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4951 OF 2016 AND CIVIL APPLICATION NO. 4952 OF 2016 IN FIRST APPEAL (ST) NO. 28777 OF 1992 Krishna R. Khodake vs.

Ramchandra Aba Rakate and ors.

--------------------------------------------------------------------------------------------------- Office Notes, Office memorandum of Coram, appearance, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

None present for both the parties CORAM :

M. S. SONAK, J.

DATE : 04 JANUARY 2017.

P.C. :- 1] In these matters, the office noting indicates that pre-deposit in terms of section 173 of the Motor Vehicles Act, 1988 has not been made.

2] The appeal is instituted in the year 1992. The appeal itself was instituted after considerable delay of one year of 105 days. In the memo of appeal, there is a statement that since the accident has taken place on 12 December 1985, the provisions of M.V. Act 1988 are not applicable.

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DSS 22-caf-4951-4952-16 in FAST-28777-92.doc 3] Today, however, neither the applicant nor his counsel are present, though this matter was duly notified on the board.

4] In the aforesaid circumstances, the civil applications and consequently the first appeal are dismissed for non prosecution.

(M. S. SONAK, J.) 2/2