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Bombay High CourtSA/297/1994dismissed

Ramkrishna Kashinath Langade (Decd) Thr His Heirs v. Shri Ramchandra Ranu Bhandwalkar And ORS.

2017-04-21Hon'Ble Shri Justice Nitin Jamdar2 pages

Rane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Second Appeal NO. 297 OF 1994 Ramkrishna Kashinath Langade (decd) Thr His Heirs ...Appellants

Versus

Shri Ramchandra Ranu Bhandwalkar & Ors. ...Respondents Mr. K.P. Shah i/by. Mr. P.B. Shah, Advocate for the Appellants. None for the Respondents.

CORAM: N.M. JAMDAR, J DATED: 21st April, 2017 PC:- .

On 19 January, 2017 time was granted to the Appellants to take steps as against Respondents no.3 and 5 who are stated to have expired. Time was again granted on 23 March, 2017. On 22 March, 2017 last chance was given to the Appellants. The learned Advocate for the Appellants, states that the Appellants have not contacted him and are unable to take steps as regards deceased Respondents no.3 and 5. He seeks

to tender the communication on record.

2.

Suit and Appeal filed by the Appellants have been dismissed. The suit is filed for declaration and possession. It is informed that the other Respondents have sold the suit property to Respondents no.3 and 5 and they are the purchasers of the suit property. The Appeal, therefore, will have to be dismissed as against Defendants no.3 and 5 and the Respondents no.3 and 5 being the purchasers and in control of the suit property, effectively , the Second Appeal will as a whole will have to be dismissed and is accordingly dismissed.

(N.M. JAMDAR,J.)