Kapiladevi Bhudarmal Goswami Died Thr Lrs Renu Krishna Murari Joshi v. Kundalika Panduji Bhakre Died Thr Lrs Muktabai Kundlik Bhakre And ORS

40-sa-205-2013.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 40 SECOND APPEAL NO.205 OF 2013 KAPILADEVI BHUDARMAL GOSWAMI DIED THR LRS RENU KRISHNA MURARI JOSHI

VERSUS

KUNDALIKA PANDUJI BHAKRE DIED THR LRS MUKTABAI KUNDLIK BHAKRE AND ORS ...

Advocate for Appellant : Mr. Bagdiya Vishal A (Absent) Advocate for Respondent Nos.6a to 6e : Mr. P. S. Agrawal ...

CORAM

:SMT. VIBHA KANKANWADI, J.

DATE : 17.08.2021 ORDER :- .

None for the appellant.

2.

Appellant is the original plaintiff who had filed Regular Civil Suit No.149 of 1990 for recovery of possession. The suit was dismissed. Appeal preferred by her i.e. Regular Civil Appeal No.12 of 2003 was also dismissed by learned District Judge-3, Hingoli on 21.01.2012. Hence, she has filed Second Appeal. However, it is to be noted that as per the order passed by this Court on 02.09.2013, as the appellant has not taken steps in respect of deceased respondent Nos.2A, 4G, 5, 7 and 8 as well as it remained unserved in respect of respondent No.3 within the stipulated time, the appeal has been dismissed. Therefore, in view of (1)

40-sa-205-2013.odt the decision of the Hon'ble Supreme Court in Bibijan and others Vs. Murlidhar and others, [(1995) 1 SCC 187], the entire appeal abates. This Court cannot give a contrary decision in absence of legal representatives of deceased respondents. Therefore, the appeal in its entirety stands dismissed.

[SMT. VIBHA KANKANWADI, J.] scm (2)