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Bombay High CourtSA/168/2015dissmiss for defaultnonprosecution

Ravindra Annappa Bhogshetti v. Mahadevi Annappa Bhogshetti

2017-04-13Hon'Ble Shri Justice Nitin Jamdar2 pages

13. SA 168.15.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION SECOND APPEAL NO. 168 OF 2015 Ravindra Annappa Bhogshetti.

... Appellant.

V/s.

Mahadevi Annappa Bhogshetti.

... Respondent.

Mr. Anand Kulkarni for the Appellant.

Mr. Bhushan Walimbe i/b. Preeti Walimbe for the Respondent. Coram : N.M. Jamdar, J.

Date : 13 April 2017.

P.C. :- On 28 July 2016 following order was passed :- " The learned Counsel for the Appellant submits that he has received instructions that the decree has been executed and possession of the suit property is taken before the matter came up on board on 29 June 2016 for the first time and seeks time to confirm this position. Stand over to next CMIS date i.e. 13 April 2017."

13. SA 168.15.doc 2.

The learned Counsel for the Appellant states that till date the Appellant has not contacted him. It appears that the Appellant has lost interest in view of the fact that the decree is already executed and possession is already taken, since he has not contacted the Advocate for almost eight months. 3.

Second Appeal is dismissed for non prosecution. (N.M. Jamdar, J.)