Ramdas Dada Bhalerao v. Vijaykumar Raghunath Nikarad And ORS

913 fa.748.06.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

913 FIRST APPEAL NO.748 OF 2006 WITH CA/350/2006 IN FA/748/2006 RAMDAS DADA BHALERAO

VERSUS

VIJAYKUMAR RAGHUNATH NIKARAD AND OTHERS ...

Advocate for Appellant : Mr. Rajendra Deshmukh & Mr. Amol Joshi. (Absent) Advocate for Respondent No.1 : Mr. V. P. Latange. (Absent) Advocate for Respondent No.2: Mr. G. V. Padolkar, h/f Mr. D. V. Soman. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

17th December, 2021.

P.C.:

.

None present for applicant when the matter is called out. Mr. Padolkar, holding for Mr. D. V. Soman, learned counsel for respondent No.2 is present. None present for respondent No.1 when the matter is called out.

On perusing the earlier orders passed by this Court, it is noticed that on 27th October, 2021 this Court was pleased to grant last chance to the appellant to work out the matter in view of old nature of the appeal and the matter came to be adjourned to 26th November, 2021. On 26th November, 2021, Ms Ashwini Sahasrabudhe, holding for Mr. Amol Joshi, learned counsel for appellant submitted that the Advocate for appellant was in process to file purshis since the appellant was not responding. Mr. Navandar, learned counsel

913 fa.748.06.odt submitted that he had received instructions from the lower Court Advocate to appear on behalf of appellant and sought time to file VP. Mr. Navandar, learned counsel is neither present today before the Court nor filed VP on behalf of appellant. The appeal is pretty old. The absence of appellant goes to show that he is not interested to prosecute the appeal. There is no point to adjourn this old appeal time and again when the appellant has no interest. Hence, the appeal stands dismissed for want of prosecution. No order as to costs.

Civil Application No.350 of 2006 also stands disposed of. R&P be sent to the lower Court.

[ SHRIKANT D. KULKARNI, J. ] nga