Mr. Nandlal Peswani v. M/S. Moon Land Builders Pvt. Ltd. And ORS.

1.caf.3711.2014.odt dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION DHANAPPA ERAPPA KOSHTI CIVIL APPLICATION NO. 3711 OF 2014 WITH CIVIL APPLICATION NO. 3712 OF 2014 DHANAPPA ERAPPA KOSHTI Date: 2021.12.06 15:21:11 +0530 IN FIRST APPEAL (ST) NO. 28868 OF 2014 Nandlal Peswani ...Applicant.

Vs M/s Moon Land Builders Pvt. Ltd. & Ors.

... Respondents None for the Applicants.

Mr. Nikhil Adkine i/b Renuka Lele for Respondent No.1. CORAM : MADHAV J. JAMDAR, J.

DATE : 4th DECEMBER, 2021 P. C. :

Heard Mr. Nikhil Adkine, learned advocate for Respondent No.1.

2.

By Civil Application No.3711 of 2014, the applicant is seeking condonation of delay of 435 days in fling the First Appeal. This Court by an order dated 26th August, 2019 kept this Civil Application for dismissal on 4.9.2019 as none appeared on behalf of the applicant. Thereafter, this Civil Application appeared before this Court on 14th September, 1/2

1.caf.3711.2014.odt 2021 and as none appeared, the matter was adjourned. Today, also in the morning session when the matter was called out, none appeared for the applicant. When the matter is called out again after about 2 hours, none appears for the applicant. The offce 1⁄2 note shows that, the Civil Application stands abated as against respondent No.2 and stands dismissed against respondent Nos.4 and 5.

3.

In view of this, Civil Application No.3711/2014 for delay condonation and Civil Application No.3712/2014 for stay are dismissed for non- prosecution.

4.

In view of dismissal of Civil Applications, nothing survives in First Appeal and the same is disposed of accordingly. ( MADHAV J. JAMDAR , J. ) 2/2