Shivaji @ Shiva Sakharam Wagh v. Ushabai Shivaji Wagh And ANR

2024:BHC-AUG:10595

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH

AT AURANGABAD 201 CRIMINAL APPLICATION NO. 2629 OF 2006 SHIVAJI @ SHIVA SAKHARAM WAGH

VERSUS

USHABAI SHIVAJI WAGH AND ANR CORAM :

S. G. MEHARE, J.

DATE :

11.06.2024 PER COURT :- 1.

None present for the applicant.

2.

It is a matter arising out of the order under Section 125 of the Cr.P.C. which is quasi civil in nature. This Court by order dated 03.09.2019, granted last chance to the applicant to advance the argument. In an order dated 03.09.2019, it has been observed that the matter was listed on 26.09.2019 with a specific understanding that if nobody appears for the applicant on the next date, the matter shall be dismissed in default. Thereafter, matter appears not listed and suddenly listed on 19.12.2022. On that day, learned counsel for the applicant requested for adjourment and it was listed on 09.01.2023. On 09.01.2023, again the matter was adjourned and now it is listed. The impugned order is of the year 2003. The application

is pending since 2006. Considering the conduct of the respective parties, it appears that they have lost the interest in the criminal application.

3.

Hence, criminal application stands dismissed for default. (S. G. MEHARE, J.) ...

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