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Bombay High CourtCAS/1779/2015dissmiss for defaultnonprosecution

Sanjay Baburao Dhende v. Shevantabai N. Alhat And ORS.

2018-02-01Hon'Ble Shri Justice Nitin Jamdar2 pages

P.H. Jayani 23 CAS 1779.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 1779 OF 2015 IN REJECTED CASE NO. 285 OF 2011 Sanjay Baburao Dhende ... Applicant/Appellant V/s.

Shevantabai N. Alhat & Ors.

.... Respondents.

None for the applicant.

Mr. Gaurang Jhaveri i/b. J.D. Khairnar for respondent nos.1 to 5. CORAM : N.M. Jamdar, J.

DATE : 01 February, 2018.

P.C. :- On 05 May, 2017, following order was passed :- " None for the Applicant. There is a delay of 7 years and 176 days. Stand over to next CMIS date i.e. 29 June, 2017. If none appears on the next date, the Court may consider dismissing the Application for nonprosecution. " 2.

None appears for the applicant. Civil Application is dismissed for non prosecution.

P.H. Jayani 23 CAS 1779.15.doc 3.

Later on :- The matter was mentioned and it was informed to the Court that the arguing advocate could not reach on time. It was put to the advocate mentioning the matter to address the Court and proceed with the civil application on merits, yet this opportunity was not availed of and therefore, there is no need to alter this order. The civil application is dismissed for non prosecution. (N.M. Jamdar, J.)