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Bombay High CourtSA/407/1992dismissed for nonprosecutiondefault at final hearing stage

Vithoba Yeduba @ Uttamrao Aghav And Another. v. Trimbak Dharma Kale.

2023-07-17Hon'Ble Shri Justice S. G. Chapalgaonkar1 pages

55-SA-407-1992.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO.407 OF 1992 VITHOBA YEDUBA @ UTTAMRAO AGHAV & ANR.

... Appellants

VERSUS

TRIMBAK DHARMA KALE ... Respondent ...

None present for the Appellants Advocate for Respondent: Mr. A. H. Kasliwal ...

CORAM :S. G. CHAPALGAONKAR, J.

DATE :17.07.2023 PER COURT :

1.

Learned Advocate appearing for the respondent points out that courts service notice was issued to the appellants. The notice is served on appellant no.1 and appellant no.2 is returned unserved as reported to be dead.

2.

In response to the service of notice, appellant no.1 none appears before this Court. It appears that the appellants have lost the interest in prosecuting of this appeal. Hence, the appeal is dismissed for want of prosecution.

[S. G. CHAPALGAONKAR, J.] Sameer 1/1