Bombay High CourtSA/41/1993disposed off

Gopal Maya Gaikwad v. Hirabai Pithu Gaikwad And ANR.

2016-06-09Hon'Ble Shri Justice Nitin Jamdar1 pages

bsb 1 206.SA41.93.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 41 OF 1993 Gopal Maya Gaikwad ... Appellant v/s Smt.Hirabai Pithu Gaikwad & anr.

... Respondents Mr.Ketan Dhavle i/by R.S.Apte for the appellant. Mr.S.H. Joshi i/by A.J. Joshi for Resp. No.1. Coram: N.M. Jamdar, J.

Dated: 9 June 2016 P.C.:

The suit was filed by the Appellant against Respondent Nos. 1 and 2 who are sisters, for specific performance. The suit was decreed. The appeal filed by the Respondents has been allowed, against which the original Plaintiff has filed the second appeal. By an order dated 26 June 2015, the second appeal has been dismissed as against Respondent No.2. Prior to the dismissal, various opportunities were given to the Appellants. No steps have been taken.

Considering the cause of action for dismissal of the the appeal against Respondent No.2 as abated, as a whole the appeal will have to be dismissed. The appeal is accordingly disposed of. ( N. M. JAMDAR, J. )