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Bombay High CourtFA/440/2014disposed offdismissed for default

Nagnath Chandar Kote, Died L.R. Rukminbai, Died Thr. L.Rs. Padminbai Nagnath And ORS v. The State Of Mah And ORS

2019-08-20Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 FIRST APPEAL NO.436 OF 2014 WITH FA/437/2014 WITH FA/438/2014 WITH FA/439/2014 WITH FA/440/2014 WITH FA/441/2014 WITH FA/442/2014 WITH FA/443/2014 RAM CHANDAR KOTE

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Mr. S.N. Patil, Advocate h/f Mr. G.K. Sontakke, Advocate for the appellant Mr. R.B. Bagul, AGP for the respondent Nos.1 to 3 ...

CORAM :

SMT. VIBHA KANKANWADI, J.

DATE :

20th AUGUST, 2019 PER COURT :

On 25th September, 2018 none appeared for the appellants, again on 09.07.2019 none appeared for the appellants and then the matter was adjourned on 19.08.2019 with specific directions that if submissions are not made on behalf of the appellants on that day the appeals are liable to be dismissed. When the matter was on board yesterday, it was very much clarified that the matters would be heard tomorrow. Since by earlier order

FA_436_2014 passed by this Court on 21.06.2018, on the request of the appellant itself the connected appeals were listed for final hearing at the stage of admission. That means, on his own request the appeals had taken up for final hearing at the stage of admission. But then, now for the reasons best known to him Mr. G.K. Sontakke is absent. He is represented by Mr. S.N. Patil and it was very much made clear, the Advocate holding for him that the matters would be heard today. Today the learned Advocate holding for Mr. G.K. Sontakke submits that Mr. G.K. Sontakke has given him instructions, that he would prepare paper book and for that purpose he seeks accommodation. It is to be noted that on any earlier occasion such kind of request was not made and therefore, this is a normal innovation by Mr. G.K. Sontakke, which cannot be accepted. Under such circumstance, when the appellant is not ready to go ahead with the matters, the appeals are dismissed.

No order as to costs.

( Smt. Vibha Kankanwadi, J. ) agd