Mr. Mahesh Babulal Gupta v. Mrs. Seema Mahesh Gupta

27.fca.119.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 119 OF 2015 WITH CIVIL APPLICATION NO.221 OF 2015 Mr. Mahesh B. Gupta ..Appellant Vs.

Mrs Seema M. Gupta ..Respondent None for the Appellant.

CORAM:-K. K. TATED & B. P. COLABAWALLA,JJ.

DATE :- APRIL 23, 2018.

P. C.:

When the matter called out, no one appeared on behalf of the Appellant. The office note shows that in the present matter no one appeared on 6th January, 2016. Thereafter, the matter was appeared before the learned Registrar (Judicial-II) on 2nd August, 2016. On that date, the learned Registrar passed the conditional order for removal of office objections. In spite of that, the Appellant failed and neglected to remove all office objections. Hence, the matter stands dismissed. Aswale 1/2

27.fca.119.15.doc Thereafter, the Appellant preferred Civil Application (ST) No. 24663 of 2016 for restoration of Family Court Appeal. Same was allowed by this Court on 1st February, 2017. Thereafter, again on 17th July, 2017, 10th October, 2017, 28th November, 2017, 4th January, 2018 and 11th January, 2018 no one appeared when the mater was called out.

Considering all these facts, Family Court Appeal stands dismissed for non prosecution.

In view of disposal of the Family Court Appeal, nothing survives in the Civil Application No. 221 of 2015, the same stands dismissed as infructuous.

( B. P. COLABAWALLA, J. ) ( K. K. TATED, J. ) Aswale 2/2