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Bombay High CourtSA/9/2017dismissed for nonprosecutiondefault at admission stage

Fakirrao Bapurao Chavan Lrs Jijabai And Others v. Vishwanath Bapurao Chavan And Another

2024-03-19Hon'Ble Shri Justice Y. G. Khobragade2 pages

2024:BHC-AUG:6253 ( 1 ) 903 sa 8.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 SECOND APPEAL NO. 8 OF 2017 WITH SECOND APPEAL NO. 9 OF 2017 FAKIRRAO BAPURAO CHAVAN LRS JIJABAI AND OTHERS

VERSUS

MANSABRAO LAXMANRAO CHAVAN AND OTHERS .....

Advocate for Appellant : Mr. Patil Vishnu Y. (ABSENT) Advocate for Respondents : Mr. D.L. Agrawal .....

CORAM :

Y.G. KHOBRAGADE, J.

DATE :

19.03.2024 P.C.:- 1.

Even after second call at about 3.12 p.m. none appeared for the appellants. The record shows that on 24.01.2024 none appeared for the appellants and the matter was kept for dismissal on 06.02.2024. Thereafter, again the matters were listed today.

2.

The record shows that the appellants instituted appeals challenging the judgments and decree dated 20.09.2016 passed by the learned First Appellate Court, Aurangabad whereby confirming the judgment and decree dated 29.04.2011 passed by the learned trial Court in RCS Nos.146/2000 and 143/2000 thereby dismissing the suits of the plaintiff/appellants for declaration and injunction.

( 2 ) 903 sa 8.17 3.

Under these circumstances, no option is left with this Court but to dismiss both the appeals for want of prosecution. Accordingly, both the appeals are dismissed for non prosecution. Pending Civil Applications, if any, also stand disposed of. No order as to the costs. [Y.G. KHOBRAGADE, J.] mub