Shahu Kishanrao Gayake v. Vithal Tukaram Gayake And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 SECOND APPEAL NO.57 OF 2013 SHAHU KISHANRAO GAYAKE

VERSUS

VITHAL TUKARAM GAYAKE AND ANR ...

Advocate for Appellant : Mr. Kalani Pravin N. Mr. SM Gunjal, Adv. h/for Mr. Katneshwarkar Dattatraya V, Adv. For R/1 And 2 ...

CORAM : SMT. VIBHA KANKANWADI, J.

Dated: September 15, 2021 ...

PER COURT :- 1.

Learned Advocate Mr. Kalani submits that after the matter was listed, he had sent a notice to the appellant on 18.8.2021. The packet has been returned with an endorsement that the person is dead. Photo copy of the said notice and the annexures is marked as Exhibit-A. He also submits that when he had contacted the instructing Advocate from the district, it was told to him that the appellant had expired in 2014. He says that the appellant is survived by his daughter-in-law, however, she is not cooperating. 2.

Under such circumstance, the Second Appeal stands disposed of as abated.

( SMT. VIBHA KANKANWADI, J. ) ...

BDV