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Bombay High CourtFA/1100/1994dissmiss for defaultnonprosecution

Minochar Rustom Wasani And ORS v. Swatnatra Party (Maharashtra) And ORS

2019-06-20Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

219 fa 1100-94.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1100 OF 1994 WITH CIVIL APPLICATION NO. 5711 OF 1994 Minochar Rustom Masani & Ors.

..Appellants v/s.

Swatantra Party (Maharashtra) & Ors.

..Respondents None for the Appellant/Applicant.

None for the Respondent.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 20th JUNE, 2019.

P.C.

1.

On 7th March, 2019, the learned counsel for the appellant had made a statement that the appeal has literally rendered infructuous and he had sought time to take instructions from the appellant for withdrawal of the appeal. The matter was thereafter listed on 13th June, 2019, on which date neither the appellant nor his Counsel remained present. Hence, by way of indulgence and final opportunity, the matter was listed today under the caption of "Dismissal".

pps

219 fa 1100-94.doc 2.

Today also the appellant has remained absent. It appears that the appellant is not interested in prosecuting the appeal. Hence, the appeal is dismissed for non-prosecution.

3.

In view of dismissal of the appeal, civil application does not survive and the same is disposed of.

(ANUJA PRABHUDESSAI, J.) pps