Bhau Gangaram Walunj. v. Murlidhar Baburao Walunj (L.Rs.) Raosaheb And Others

2025:BHC-AUG:7476 sa 144.97.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 SECOND APPEAL NO. 144 OF 1997 Bhau Gangaram Walunj.

VERSUS

Murlidhar Baburao Walunj (l.rs.) Raosaheb And Others ...

Advocate for Appellant : Mr. Shri S.L. Bhapkar. Advocate for Respondents : Mr. R.D.Bhalerao For R/1/b And R/1/d, Shri S.S.Shete advocate For R/3 To R/8 ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : March 13, 2025 PER COURT :- 1.

Heard Mr. Bhapkar, learned advocate appearing for the appellant.

2.

By order dated 12.3.2025 noting conduct of the parties, matter is posted on today's board for dismissal. 3.

Mr. Bhapkar, learned advocate, who appears for the appellant placed on record a copy of communication dated 18.8.2022 addressed by him to the appellant informing that the appeal is listed for final hearing and to pass on instructions for that purpose. Letter was sent through R.P.A.D. The same was delivered to appellant on 23.8.2022 as can be seen from the track consignment report. Thereafter, on 20.2.2024 again notice is given by learned advocate to the appellant stating about conduct of the appellant and informing that he would seek discharge of appearance from the Court. It appears that

sa 144.97.odt said letter was returned with postal remark that addressee is no more. Mr. Bhapkar submits that legal heirs, if any, of the appellant have not contacted with him. He cannot take further steps for bringing L.Rs. on record.

4.

In that view of the matter, Second Appeal stands dismissed for want of prosecution. Copies of communications made by Advocate Mr. Bhapkar to the appellant are taken on record and marked as Exhibit "X" collectively. Pending civil application, if any, also stands disposed of. ( S. G. CHAPALGAONKAR, J. ) ...

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