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Bombay High CourtSA/170/1992disposed offdismissed for default

Abdul Kareem Kalekhan Pathan (L.Rs.)Salim. v. Pandit S/O Chindu Choudhari And Other

2017-07-18Hon'Ble Shri Justice Sangitrao S. Patil2 pages

1 18-SA-170-92

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO. 170 OF 1992 ABDUL KAREEM KALEKHAN PATHAN (DIED) THROUGH LRS. SALIM KHAN S/O. KARIM KHAN AND OTHERS

VERSUS

PANDIT S/O CHINDU CHOUDHARI & OTHERS -- None present for Appellants Mr.V.T.Choudhary, Advocate for respondent nos.1 and 2 -- CORAM : SANGITRAO S. PATIL, J.

DATE : JULY 18, 2017 ORAL ORDER :

None appeared for the appellants.

Mr.Choudhary, the learned Counsel for the respondents submits that the matter has been amicably settled and the appellants were to withdraw the appeal.

2.

As per the order dated 10.07.2017, the appeal was adjourned till today, as as last chance, with the clear warning that in case nobody

2 18-SA-170-92 appears for the appellants on the next date, the appeal would be dismissed.

3.

It seems that because of the amicable settlement, the appellants have lost interest in prosecuting the appeal. Since none appeared for the appellants today also, even after getting an ultimatum as per the order dated 10.07.2017, I have no option but to dismiss the appeal in default.

4.

The appeal is accordingly dismissed. No costs.

[SANGITRAO S. PATIL, J.] kbp