Shri Janardhan Atmaram Patkar And ORS. v. Shantaram Tukaram Thakur

1 sa-411.95 - 204.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.411 OF 1995 Janardan Atmaram Patkar and Ors.

... Appellants Vs.

Shantaram Tukaram Thakur ... Respondent None for the Appellants.

Mr. Sachin Shetye for the Respondent.

CORAM : SMT. SADHANA S. JADHAV, J.

DATE : 25th FEBRUARY 2020.

P.C.:

None appears for the appellants. The learned counsel for the respondent has submitted that, in fact, the sole respondent has expired on 26th November 2018. The learned counsel had accordingly informed the learned counsel appearing for the appellants by letter dated 15th February 2019. The learned counsel for the appellants has submitted that although it was informed to him by letter dated 25th January 2019 that the sole respondent has expired. The death certificate was not given. The learned counsel for the respondent has on the same day sent a copy of the death certificate of the sole respondent to the learned counsel for the appellants.

2 sa-411.95 - 204.odt Till today, no application is filed for bringing the legal heirs on record. In view of this, the appeal stands abated as against the sole respondent. Consequentially, the appeal is dismissed for want of prosecution. The learned counsel has placed on record the photocopies which are taken on record and marked as article 'X' for identification. Office to communicate this order to the concerned Court forthwith.

(SMT. SADHANA S. JADHAV, J.)