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Bombay High CourtFCA/279/2014dissmiss for defaultnonprosecution

Mr. Ranjan Jaikumar Mankar v. Ms. Dipali Ranjan Mankar

2017-03-08Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice A.S. Oka2 pages

fca279 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.279 OF 2014 Ranjan Jaikumar Mankar ...Appellant vs.

Ms Dipali Ranjan Mankar

...Respondent

Ms Chaitali Kale i/b Mr.N.P.Deshpande for the Appellant Ms Jindagi Shah i/b Monali C. Aparna for the respondent CORAM : A.S.OKA, & SMT.ANUJA PRABHUDESSAI, JJ.

DATE : MARCH 8, 2017 P.C.:

On 4th January 2017 when both the parties were absent, this Court directed the parties to personally remain present in the Court on 31st January 2017. As none of them were present on 31st January 2017, the Appeal was adjourned till today and the parties were again directed to remain present today. Office remark shows that on the basis of the aforesaid orders, intimations have been sent to the appellant. The learned counsel for the appellant has placed on record an envelope containing a letter addressed by the Advocate for the appellant to the appellant at the address mentioned in the cause title of the Appeal. The envelope is returned with the remark of the Postal Authorities that the appellant has left the said address. The learned counsel for the appellant

fca279 wp10473stated that when an attempt was made to contact the appellant on the telephone number available with the Advocate, the reply received was that it was a wrong number.

It appears that the appellant has not informed his Advocate and the Court about his change of address. On two occasions, the office has issued intimations at the address mentioned in the Appeal Memo. However, he has not chosen to respond. Hence, we dismiss the appeal for non prosecution.

wp10473 (ANUJA PRABHUDESSAI,J.) (A.S.OKA,J.)