Ramanand Narayan Sherigara And ANR v. Kalyani Narayan Sherigara And ORS

4751.11-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.4751 OF 2011 IN FIRST APPEAL NO.926 OF 2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders None for the Applicant Mr. Deepak S. Jadhav for the Respondent Nos.5 and 6.

CORAM : K. K. TATED, J.

DATE : APRIL 17, 2015 P.C.:

1.

None for the Applicant. Heard the learned counsel for the Respondent Nos.5 and 6.

2.

Office note shows that on 15/10/2012 none appeared for the Applicant. Hence, the Civil Application was dismissed. Thereafter the Applicant preferred Civil Application No.290/2014 for restoration of the First Appeal and the Civil Application. Same was allowed by this court on 25/03/2014.

3.

Today also none appeared for the Applicant.

Basavraj G Patil 1/2

4751.11-caf 4.

The learned counsel for the Respondent Plaintiff submits that in the present proceedings, they executed the decree dated 20/06/2011 passed by the Bombay City Civil Court, Mumbai in suit No.2564/2000. He submits that in the execution proceedings, the Court Receiver handed over possession of the suit premises to the Plaintiff on "as is where is basis". To that effect, the learned counsel for the Plaintiff relies on site report of the Court Reciever, High Court, Bombay dated 17/03/2012. The learned counsel for the Plaintiff submits that in view of subsequent development, nothing survives in the present Civil Application. Hence, same to be dismissed.

4.

As none appeared for the Applicant, Civil Application stands dismissed for default.

JUDGE Basavraj G Patil 2/2