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Bombay High CourtFA/311/2000disposed offdismissed for default

Popatlal Kachrulal Lodha v. Babu Hiraji Gonjare And ANR

2015-01-06Hon'Ble Shri Justice M.T. Joshi2 pages

FA-309-2000

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 309 OF 2000 Popatlal Kachrulal Lodha .. Appellant

VERSUS

Housabai Ramkishan Landge and anr.

.. Respondents WITH FIRST APPEAL NO. 310 OF 2000 Popatlal Kachrulal Lodha .. Appellant

VERSUS

Godawaribai Krishna More and ors.

.. Respondents AND FIRST APPEAL NO. 311 OF 2000 Popatlal Kachrulal Lodha .. Appellant

VERSUS

Babu S/o Hiraji Ganjare and ors.

.. Respondents ---- None present for the appellant in all First Appeals Mr. Mandar Deshmukh, Advocate h/f. Mr. S.G. Chapalgaonkar, Advocate for the respondent no.1 in all matters ---- CORAM : M.T. JOSHI, J.

DATE : 06/01/2015 ORAL ORDER :

1.

Appellant in these appeals is absent. Nobody appears for the appellant. Notices were issued to the appellant in these appeals and those are duly served.

FA-309-2000 2.

The order dated 3/12/2014 would show that by noting that nobody is appearing for the appellant, it was adjourned to 10/12/2014. Today also neither the appellant is present nor anybody is representing him. 3.

In the circumstances, the First Appeals are dismissed in default.

4.

In view of disposal of the first appeals, Civil Application no. 11480 of 2003 filed in First Appeal no.309 of 2000, seeking withdrawal of the amount of the accrued interest, is allowed and disposed of. The applicant would be at liberty to withdraw the amount deposited, after a period of 60 days from the date of this order.

5.

In view of disposal of the first appeals, Civil Application no. 4572 of 2000 filed in First Appeal no.311 of 2000 seeking stay to the impugned judgment, does not survive and the same stands disposed of. [M.T. JOSHI] JUDGE arp/