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Bombay High CourtFA/262/2002disposed offdismissed for default

Arvind Shantilal Sisodiya v. Afzal Kazi Sayeed Qayum Kazai

2016-09-01Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 FIRST APPEAL NO. 262 OF 2002 ARVIND SHANTILAL SISODIYA

VERSUS

AFZAL KAZI SAYEED QAYUM KAZAI ...

None present for Appellant R/sole Served - absent ...

CORAM : P.R. BORA, J.

Dated: September 01, 2016 ...

PER COURT :- .

When the matter is taken up for hearing, none appeared for the appellant.

2.

The record of the case shows that earlier, the matter was dismissed in default, however, the same was restored vide the order dated 1/2/2008 passed by this Court (Coram : R.M. Borde, J.) in Civil Application No.7895 of 2002.

3.

Perusal of the order passed by this Court on 1/2/2008 reveals that the matter was restored with a condition that the appellant shall deposit Rs.10000/- within four weeks from the date of passing such order.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 4.

The appellant, till this date, has not deposited the said amount. The record shows that time and again, the matter has been adjourned only for the said reason and the record further shows that nobody is attending the matter for the appellant.

5.

In view of the fact that order dated 1/2/2008 passed by this Court has not been complied with by the appellant/applicant, the Appeal stands dismissed for non-compliance of the order.

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

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