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Bombay High CourtFA/861/2004disposed offdismissed for default

Ramchandra Namdeo Jadhav v. Usha Ramchandra Jadhav

2020-03-03Hon'Ble Shri Justice K. K. Sonawane2 pages

{1} FA 861 OF 2004

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 FIRST APPEAL NO.861 OF 2004 RAMCHANDRA NAMDEO JADHAV

VERSUS

USHA RAMCHANDRA JADHAV ...

Advocate for Appellant : Ms.Fatima Kazi h/f. Mr.S.S.Kazi Advocate for Respondent : Mr.A.V.Phadnis ...

CORAM : K.K.SONAWANE, J.

DATE: 3rd March, 2020 PER COURT:- 1.

Appellant did not furnish correct forwarding address of sole respondent as per order passed by this Court on 09.07.2019 and therefore, notice was not issued to the sole respondent. 2.

It is to be noted that since 21.02.2019, present appeal is pending for issuance of notice to the respondent to communicate her about fnal hearing of the present appeal. But, the appellant did not take any care or reasonable precaution for service of notice of present appeal on the sole respondent. 3.

It is to be noted that the matter is pending since the year 2004 on the issue of dissolution of marital knot in between the spouses. The order passed by this Court dated 10.01.2019, demonstrates that the learned counsel for the appellant made

{2} FA 861 OF 2004 submission that appellant was also not in contact with him since last many years.

4.

Today, learned counsel for the appellant expresses inability to take steps for giving correct forwarding address to facilitate this Court for issuance of notice of the appeal, which is pending since 2004.

5.

In view of aforesaid circumstances, there is no propriety to keep present appeal alive on board for securing presence of parties to the appeal. Therefore, appeal stands dismissed for want of prosecution. No order as to costs.

( K.K.SONAWANE ) JUDGE SPT