Nanda Gokul Chaugule And ANR v. Raju Vishnu Chaugule And Othrs

fca227 ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.227 OF 2008 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms Seema Sarnaik for the Appellant Mr.Rajesh More for the Respondent.

CORAM : A.S.OKA, & SMT.ANUJA PRABHUDESSAI,JJ.

DATE : MARCH 8, 2017 P.C.

On the last date and today, the learned counsel for the first respondent stated that during the pendency of the appeal, there was a settlement between the parties and therefore, his client has taken back the papers. The learned counsel for the appellant has placed on record a copy of the letter dated 13th February 2017 sent by her to the appellant by R.P.A.D as well as speed post. Even a copy of the tracking report is placed on record to show that on 1st March 2017 the letter has been delivered.

The learned counsel for the first respondent has placed on record a copy of the letter dated 18th January 2017

fca227 on which the first respondent has made endorsement that he has received all the papers from his Advocate on 18th January 2017.

The learned counsel for the appellant states that the appellant has not given her any instructions notwithstanding service of letter dated 13th February 2017.

Considering the aforesaid factual aspects, we dismiss the appeal for non prosecution.

(ANUJA PRABHUDESSAI,J.) (A.S.OKA,J.)