Shiv Chatrapati Shikshan Sanstha Latur v. The Vaibhav Co Op Backward Housing So Ltd. Through Its Chairman And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 SECOND APPEAL NO.1374 OF 2005 WITH CIVIL APPLICATION NO.8802 OF 2005 SHIV CHATRAPATI SHIKSHAN SANSTHA LATUR THROUGH ITS SECRETARY

VERSUS

THE VAIBHAV CO-OP. BACKWARD HSG.SOCIETY LTD.

THROUGH ITS CHAIRMAN AND OTHERS ...

Advocate for appellant absent Advocate for respondent No.1 : Mr. S. V. Chandole h/f V. G. Sakolkar ...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 07-02-2019.

PER COURT :

1.

Learned advocate for the appellant is absent. It appears that, in connecting matter i.e. Second Appeal No.1208 of 2005 the appellant was directed to supply private paper book. However, the appellant therein has failed to supply the paper book within stipulated period. As regards this appellant is concerned, no readiness is shown to prepare the paper book and since 16-10-2018 this appellant has also not taken further steps in the appeal.

2.

When this appeal was on board on 08-10-2018 learned Senior counsel appearing for respondent No.1 submitted that, he had not

SA 1374-2005 received the copies of application No. 12454 of 2018. A statement was made on behalf of the appellant that, he would furnish the copies during the course of the day, and thereafter the matter was kept on 16-10-2018. When the printing of paper book was dispensed with, either of the appellants ought to have made efforts to get the paper book prepared. Under such circumstance, this appeal is also dismissed.

3.

In view of the above, pending Civil Application No.8802 of 2005 is also dismissed.

(SMT. VIBHA KANKANWADI) JUDGE vjg/-.