Abdul Samad Sarwar Bakar Kasab. v. Syed Ismail Syed Ibrahim.

2023:BHC-AUG:25018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 SECOND APPEAL NO.454 OF 1995 WITH SA/455/1995 ABDUL SAMAD SARWAR BAKAR KASAB.

VERSUS

SYED ISMAIL SYED IBRAHIM.

...

Advocate for Respondents : Mr. P. P. Patni h/f Mr. P. F. Patni. ...

CORAM : S. G. MEHARE, J.

DATE : 01.12.2023 PER COURT :- 1.

None present for the appellant.

2.

Learned counsel appearing for the respondents states that respondents have received the possession of the suit land from the legal heirs of the appellant. So, they have lost the interest in the appeals.

3.

The decree was for the possession. As per the statement of learned counsel for the respondents, the legal heirs of the appellant had handed over the possession of the suit land. So, possibility of losing the interest in the appeals cannot be ruled out. The appeals are pending since 1995.

4.

Hence, both second appeals stand dismissed for want of prosecution.

5.

R and P be returned to the Court of first instance. (S. G. MEHARE, J.) ...

vmk/-