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Bombay High CourtSA/58/2018dismissed

Baban Jagnnath Shinde (Deceased Thru Lrs) And Others v. Balkrishna Rajaram Patil

2024-08-26Hon'Ble Ms. Justice Gauri Godse2 pages

4- SA-58-2018 .doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.58 OF 2018.

Baban Jagnnath Shinde (Deceased Thru Lrs) And Others ...Appellants.

Versus

Balkrishna Rajaram Patil and Anr.

...Respondents.

------ Mr. Sagar R. Sonawane h/f. Mr. Umesh H. Pawar for the Appellants. Mr. Ranjeet Patil i/b Mr. Kuldeep Patil for Respondent No.1. ------ Coram : Sharmila U. Deshmukh, J.

Date : May 3, 2024.

P. C. :

1.

Learned counsel appearing for the appellants submits that necessary steps are being taken for seeking discharge in the matter before the Registrar as no instructions are received from the appellant. By order of 6th March 2024 this Court noted the order of 21st October 2022 by which assurance of appellant No.2 was recorded that the entire amount will be repaid by 15th December 2022. 2.

In view thereof this Court had directed appellant No.2 to file an afodavit explaining non compliance and why contempt proceedings rsk 1 of

4- SA-58-2018 .doc should not be initiated against him. It appears that thereafter the appellants have not given instructions to their advocate and same was communicated to this Court on the date of hearing on 17th April 2024. Today, also no instructions are given to the learned counsel for the appellant, who is now seeking discharge in the matter. 3.

In light of above, Appeal is dismissed for non prosecution. [Sharmila U. Deshmukh, J.] rsk 2 of