Fakir Mohammad Shaikh Ahemad Nabisab. v. Shadulla Fakira Mohammad And Another.

2025:BHC-AUG:17898 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 SECOND APPEAL NO. 158 OF 1994 FAKIR MOHAMMAD SHAIKH AHEMAD NABISAB

VERSUS

SHADULLA FAKIRA MOHAMMAD AND ANOTHER ( CORAM : PRAFULLA S. KHUBALKAR, J. ) DATE : JULY 9, 2025 PER COURT :

1.

None for the appellant.

2.

By order dated 09.06.2025, this matter was kept today for dismissal.

3.

By earlier order dated 02.04.2025, the learned Advocate for the appellant was discharged and notices were sent to the appellant for engagement of another advocate. The bailiff report shows that the notices were returned unserved as the appellant was reported to be dead. Even the legal representatives of the sole appellant have not taken any steps to appear in the matter.

khs/July 2025/158

- 2 - 4.

Observing that the legal representatives were not interested to prosecute the instant appeal, the same was kept for dismissal today.

5.

Today, none appears for the legal representatives of the appellant. It is thus clear that they do not want to prosecute the second appeal. Hence the appeal is dismissed for want of prosecution. ( PRAFULLA S. KHUBALKAR, J.) khs/July 2025/158