Doshi Automobiles . v. Ramrao Udhavrao Kanade And Others.

907-SA-382-93.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO.382 OF 1993 Doshi Autobobile Pro. Jawahar Premchand Age 40 years, Occu. Business, R/o. Barshi, District Solapur .. Appellant

Versus

1.

Ramrao Udhavrao Kanade, Chief Officer Municipal Osmanabad 2.

Waman Narayan Patil, Age 50 years, Occu. Business, Osmanabad 3.

Madanlal Bankatlal Kachawa, Age 40 years, R/o. Jagaji, Taluka and District Osmanabad .. Respondents Smt. M. A. Kulkarni, Advocate for Appellant;

Mr. V. B. Deshmukh, Advocate for Respondent No.1 CORAM :

S. G. MEHARE, J.

DATE :

20-09-2023 PER COURT :- 1.

Smt. M. A. Kulkarni, learned counsel has made a statement that the appellant has lost his possession. She has also instructions from the appellant that he does not want to proceed with the appeal. However, she makes a statement that no written instructions are received; hence, she want to argue the appeal and it may not be appropriate. Therefore, she is directed to write a letter to the appellant and seek instructions in writing, whether he was to contest the appeal or not.

907-SA-382-93.odt 2.

Now she is making a statement that since the appellant has lost possession; second appeal has become infructuous.

Therefore, it would be appropriate to dismiss the appeal as infructuous.

3.

On her statement, the appeal stands dismissed as infructuous.

4.

R & P be returned to the learned trial Court. ( S. G. MEHARE ) JUDGE rrd