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Bombay High CourtAO/1227/2014dissmiss for defaultnonprosecution

Mr. Rehan S/O. Lala Saheb Nadaf And ANR v. Mrs. Bilquis Bano W/O. Lala Saheb Nadaf

2017-10-03Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

Sherla V.

ao.1225.2014_10.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1227 OF 2014 with CAA/1476/2014 Rehan s/o. Lala Saheb Nadaf & anr.

... Appellants Vs.

Bilquis bano w/o. Lala Saheb ... Respondent None for the Appellants Mr.M.S. Parte i/b Deepak Chitnis-Chiparikar & Co. for Respondent CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 3rd OCTOBER, 2017 P.C.:

1.

Report of mediation dated 251.2017 from Mr.R.S. Apte, Senior Advocate / Mediator, disclosing that the mediation has failed, is taken on record and marked 'exhibit 1'.

2.

None present for the appellants.

3.

The learned Counsel for the respondent submits that the appellants are the son and daughter-in-law of the respondent, who have filed the suit for injunction against the respondent. The learned trial Judge by order dated 22.11.2014 has granted interim relief in favour of the respondent and by giving directions that the defendants 1 / 2

ao.1225.2014_10.doc i.e., the present appellants shall remove themselves from the suit premises as the suit premises stand in the name of the respondent/mother.

4.

Learned Counsel for the respondent informs the Court that the appellants have removed themselves from the suit premises a few days back and, therefore, nothing remains in the appeal. 5.

Considering this submission and as the learned Counsel for the appellants is not present, the matter is fixed in the second sitting 'for dismissal'.

6.

Kept back till 3pm.

AT 3PM:

7.

In the second session, the matter is called out, however, none appear for appellants even now. Hence, the appeal is dismissed for default. In view of the dismissal of the appeal, Civil Application is also dismissed.

(MRIDULA BHATKAR, J.) 2 / 2