Tukaram Ramchandra Daulatade v. Smt. Gokulabai Ramchandr Shingade

7.ca.6056.1997.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 6056 OF 1997 IN FIRST APPEAL (ST) NO. 20464 OF 1995 WITH FIRST APPEAL (ST) NO. 20464 OF 1995 Tukaram Ramchandra Daulatade, ...Applicant/Appellant.

vs Smt. Gokulabai Ramchandra Shingade & Ors.

...Respondents.

.....

None for the Applicant/Appellant.

Mr K.K.Malpathak for Respondent Nos.1 to 4.

.....

CORAM : M. S. SONAK, J.

27 FEBRUARY, 2017 P.C. :

None for the applicant. Mr Malpathak learned Counsel appears for Respondent Nos.1 to 4, who are the claimants before the concerned M.A.C.T.

By an order dated 23rd July, 1996, it appears that the appeal was dismissed for non-prosecution. The Civil Application seeking restoration was taken out on 3rd September, 1997 after some delay.

The matter has been pending for all these years because Pg 1 of 2

7.ca.6056.1997.doc no appropriate steps were taken to serve all the Respondents. Even today, the record indicates that Respondent No.6 is not served. Today, when the matter is called out, neither the applicant nor his advocate are present. Mr Malpathak states that the claimants have not received the compensation amount which was awarded to them by the M.A.C.T. on 28th June, 1995. He points out that, till date the amount of compensation has not been deposited in any Court. Taking into consideration the aforesaid circumstances, Civil Application No.6056 of 1997 is hereby dismissed, so that the claimants can be at liberty to apply for execution of the impugned award. The Civil Application is disposed of accordingly. ( M. S. SONAK, J. ) Pg 2 of 2