← Library
Bombay High CourtSA/433/1993dismissed for nonprosecutiondefault at final hearing stage

Tukaram Dhondiba Khemnar U/G Laxmibai And Others. v. Kasabai Tukaram Khemnar.

2023-11-06Hon'Ble Shri Justice S. G. Mehare1 pages

55-SA.433-93.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 55 SECOND APPEAL NO.433 OF 1993 TUKARAM DHONDIBA KHEMNAR U/G LAXMIBAI AND OTHERS

VERSUS

KASABAI TUKARAM KHEMNAR ...

Advocate for Respondent : Mr. S. T. Shelke.

...

CORAM : S. G. MEHARE, J.

DATE : 06.11.2023 PER COURT :- 1.

Since nobody appeared for the appellants, the notice through Court were issued to the appellants. As per the bailiff report, appellant Nos.1 and 4 were served. However, they did not appear. Respondent No.2 died during the pendency of the appeal. The bailiff report shows that appellant Nos.3 and 5 have also been dead. Hence, the second appeal against appellant Nos.3 and 5 stands abated.

2.

The appellant Nos.1 and 4 appears to have lost the interest in the litigation.

3.

Hence, second appeal stands dismissed for want of prosecution.

(S. G. MEHARE, J.) ...

vmk/-