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Bombay High CourtSA/223/2000dismissedrule discharged

Chandrabhan R.Khedkar(Decd)Lrs Gayabai C.K And ORS v. Rustam Damu Tivhade And ORS

2018-09-26Hon'Ble Shri Justice V.L. Achliya2 pages

SA 223/2000 with CA 2466/2000 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 SECOND APPEAL NO.223 OF 2000 WITH CA/2466/2000 IN SA/223/2000 CHANDRABHAN R.KHEDKAR(DECEASED),L.Rs.- GAYABAI C.K & OTHERS

VERSUS

RUSTAM DAMU TIVHADE & OTHERS ...

Advocate for Appellants : Shri C.K. Shinde.

Advocate for Respondent nos.1 to 4 : Shri R.R. Mantri. Appeal abated against respondent no.5.

CORAM: V.L. ACHLIYA, J.

DATE: 26.09.2018 PER COURT :

1] Learned counsel for the appellants submits that he is receiving no response from the appellants to comply with order to prepare and submit the private l;paper book. The appellants have not contacted him though he sent letters. He is, therefore, unable to comply with the order.

2] Learned counsel for the respondent nos.1 to 4 also submits that his clients are also not responding to his letters.

3] Perusal of the record reveals that though the order was passed in the year 2014 and the case is repeatedly

SA 223/2000 with CA 2466/2000 - 2 - adjourned, paper book is not prepared and filed on record.

4] In view of default on the part of the appellants to submit the paper book, the appeal is dismissed. In view of dismissal of appeal, Civil Application No.2466/2000 also stands disposed of.

(V.L. ACHLIYA, J.) ndk/c2691818.doc