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Bombay High CourtSA/258/1996dismissedrule discharged

Vimalnath Vishwanath Jain (L.Rs.) Subhadrabai Andors v. Limba Mahadu And Others.

2016-06-30Hon'Ble Shri Justice T.V. Nalawade2 pages

1 SA 258 of 1996

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 SECOND APPEAL NO. 258 OF 1996 WITH CA/2680/1996 IN SA/258/1996 VIMALNATH VISHWANATH JAIN (L.RS.) SUBHADRABAI &ORS

VERSUS

LIMBA MAHADU & OTHERS.

-------- Smt. A.R. Mate, Advocate, holding for Shri. Anil Kasliwal, Advocate, for appellants.

Smt. Madhveshwari D. Thube-Mhase, Advocate, for respondent Nos.1 to 4, 6 to 8.

-------- CORAM: T.V. NALAWADE, J.

DATE : 30 JUNE 2016 ORDER:

1) Today learned counsel holding for Advocate Shri. Kasliwal filed a copy of intimation given by one Ranjana Dilip Avhane, claiming to be legal heir of Vimalnath, to him in which, according to the counsel, it is informed that he is not expected to conduct the matter. The communication is not signed by anybody. It is taken on record. Title of the appeal shows that no Ranjana Dilip Avhane is there on record. The previous orders show that no interest is shown to prosecute the matter. The suit is of

2 SA 258 of 1996 the year 1986 and decree of possession and declaration is given in favour of the plaintiffs on 30-11-1989. It is confirmed by the first appellate Court. But by playing tactics the present matter is protracted. In view of these circumstances the appeal is dismissed for non prosecution. Civil application is disposed of. Sd/- (T.V. NALAWADE, J. ) rsl