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Bombay High CourtFA/1318/2003disposed offdismissed for default

Gorakhnath Maplanath Sharma v. Sayyed Bashir Gaffur And ORS

2019-01-15Hon'Ble Shri Justice P.R. Bora1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 11 FIRST APPEAL NO.1318 OF 2003 GORAKHNATH MAPLANATH SHARMA

VERSUS

SAYYED BASHIR GAFFUR & ORS ...

Advocate for Appellant : Mr. L B Palod Mr. N V Gaware, Adv. For R/1;

Mr. S G Chapalgaonkar, Adv. For R/3.

...

CORAM : P.R. BORA, J.

Dated: January 15, 2019 ...

PER COURT :- 1.

When the present matter is taken up for hearing, learned counsel appearing for appellant, submitted that the original claimant viz. Gorakhnath Kalpanath Sharma has expired prior to about two years, but the legal heirs of the deceased appellants have not contacted him and even not responded to his communication.

2.

In view of the above, the appeal stands dismissed as abated.

3.

The amount, if any, deposited by the deceased appellant, is permitted to be withdrawn by Respondent No.1.

( P.R. BORA, J. ) ...

BDV