← Library
Bombay High CourtCAF/4101/2008dissmiss for defaultnonprosecution

The State Of Maharashtra v. Nana A. Khalkar

2017-02-07Hon'Ble Shri Justice M.S. Sonak2 pages

DSS 2-caf-4104-08-g

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4104 OF 2008 AND CIVIL APPLICATION NO. 4105 OF 2008 IN FIRST APPEAL (ST) NO. 9659 OF 2001 The State of Maharashtra .. Appellant vs.

Shri Sudhakar B. Satpute and ors.

.. Respondents WITH CIVIL APPLICATION NO. 4100 OF 2008 AND CIVIL APPLICATION NO. 4101 OF 2008 IN FIRST APPEAL (ST) NO. 9648 OF 2001 The State of Maharashtra .. Appellant vs.

Shri. Nana A. Khalkarkar .. Respondent WITH CIVIL APPLICATION NO. 4110 OF 2008 AND CIVIL APPLICATION NO. 4111 OF 2008 IN FIRST APPEAL (ST) NO. 9654 OF 2001 The State of Maharashtra .. Appellant vs.

Nivrutti N. Kamankar (since deceased through his Legal heirs) and ors.

.. Respondents Mr.Y.Y. Dabke, Asst. Government Pleader for the State. Mr. Sachin Padaye i/b Mr. G.R. Agarwal for Respondent Nos.1 to 3. CORAM :

M. S. SONAK, J.

DATE : 7 FEBRUARY 2017.

1/2

DSS 2-caf-4104-08-g P.C. :- 1] On 10 January 2017, this court made the following order "1] The endorsements indicate that service is not complete. Some of the respondents are reported to be dead. Accordingly, by way of last chance four weeks time is granted to take steps, including inter alia steps for setting aside abatement and bringing legal representatives on record. In case no steps are taken within a period of four weeks from today, the civil applications and consequently the appeals itself to stand dismissed for non prosecution.

2] Stand over to 7 February 2017."

2] As of today, no steps have been taken. Mr. Dabke, learned Asst. Govt. Pleader for the State, however, states that he has written to the concerned authorities informing them about the order dated 10 January 2017 and also has impressed upon them to provide with necessary details so that he can take steps in pursuance of last chance granted by this court. He , however, submits that till date he has received no response.

3] In view of the aforesaid, the civil applications and consequently, the appeals which relate to the year 2001, stand dismissed for non-prosecution. The interim orders, if any, are hereby vacated.

(M. S. SONAK, J.) dinesh 2/2