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Bombay High CourtSA/290/1993disposed offdismissed for default

Bhikaji Pandurang Katale And Another. v. Limbaji Govindrao Katale And Others.

2018-01-25Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 926sa290o93

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO. 290 OF 1993 WITH CIVIL APPLICATION NO.7465 OF 2002 IN SA/290/1993 BHIKAJI PANDURANG KATALE & ANOTHER.

VERSUS

LIMBAJI GOVINDRAO KATALE & OTHERS.

...

Advocate for the Appellants : Shri M.L.Dharashive. Advocate for Respondents 1 to 3 : Shri C.R.Deshpande. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 25th January, 2018 Per Court:

The learned Advocate for the Appellants had placed on record the notice dated 05.01.2018 issued by him to the Appellants, through Speed Post, stating therein that as the Appellants had already taken no objection from him for engaging a new advocate, he would be seeking discharge as the matter appears on the Board showing his name as Advocate for the Appellants. The copy of the printout of the tracking report from the website of the Indian Post is also placed on record indicating that the envelope was delivered to the Appellants on 10.01.2018 at 16 hours.

Copies of the notice of Shri Dharashive, learned Advocate as

*2* 926sa290o93 well as the tracking report are taken on record and collectively marked as "X" for identification.

Based on the above situation, I had granted almost three weeks time to the Appellants to appoint a new Advocate by an order dated 04.01.2018.

Considering the above and in the light of the statement that the Appellants have taken no objection of Shri Dharashive and have not appointed a new Advocate in his place, this Second Appeal is dismissed for non prosecution.

The pending Civil Application does not survive and stands disposed of.

kps (RAVINDRA V. GHUGE, J.)