Harishchandra Mahadeo Patil v. Anant Krishna Patil And Others

15.FA1003_1997.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL No. 1003 OF 1997 WITH CIVIL APPLICATION No. 6627 OF 1997 IN F.A. No. 1003 OF 1997 WITH CIVIL APPLICATION No. 5807 OF 1999 IN F.A. No. 1003 OF 1997 Harishchandra Mahadeo Patil ... Appellant/Applicant Vs.

Anant Krishna Patil & Ors.

... Respondents Mr. S.G. Kudle, Advocate for the appellant.

Mr. Pradeep M. Patil a/w. Mr. Pravin Gole, Advocate for respondent no.1.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 6th February, 2018.

P.C.:

By the order dated 30th January, 2018, this Court has transferred this Appeal along with Civil Applications to the District Court, Alibag, Raigad on the ground that the suit is valued below one crore. However, registry has pointed out that the Appeal is under Land Acquisition Act. This is the First Appeal and under statute, it is to be filed before the High Court. Hence, the order dated 30th January, 2018 of transferring the Appeal is hereby recalled. The First Appeal along with Civil Applications are taken on board. 2.

This First Appeal is pending for admission since 1997. The 1 / 2

15.FA1003_1997.doc learned counsel for the respondent No. 1 submitted that appellantHarishchandra Mahadeo Patil expired 5 years back. 3.

As the appellant expired 5 years back and no steps are taken, the Appeal abates.

4.

First Appeal is disposed of. Civil Applications are also accordingly disposed of.

(MRIDULA BHATKAR, J.) 2 / 2