Katudibai Ravoji Gavit v. Jalmaya Kalya Gavit (Died) Lrs Malati Jalmaya Mavchi And ORS

951-CA-10764-2012.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10764 OF 2012 IN SAST/10922/2012 KATUDIBAI RAVOJI GAVIT

VERSUS

JALMAYA KALYA GAVIT (DIED) LRS MALATI JALMAYA MAVCHI AND ORS ...

None present for the applicant Advocate for Respondent Nos.1/2 to 1/4 : Mr. N. B. Jadhav ...

CORAM :S. G. CHAPALGAONKAR, J.

DATE :26.07.2023 PER COURT :

1.

This application is filed for condonation of delay caused in filing the second appeal. It appears that, after filing of this application, the applicant died on 21/08/2014.

2.

The learned Advocate appearing for respondents has pointed out the death certificate of the applicant issued by the Village Panchayat, Karnaji Khurda, Taluka Navapur, District Nandurbar. He undertakes to file the same on record of this Court. 3.

An order sheet of the application shows that since 2015 onwards none appeared for the applicant. On 05/04/2023, Mr.Mundhe, learned Advocate appearing for the applicant sought

951-CA-10764-2012.odt time to take instructions regarding the legal heirs of the deceased applicant. However, no steps have been taken. Even on 03/05/2023, none appeared for the applicant. 4.

In that view of the matter, nothing survives in the application. The application is disposed of as abated. Consequently, the appeal is also dismissed.

[S. G. CHAPALGAONKAR] JUDGE Sameer