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Bombay High CourtCA/13418/2010dismissedrule discharged

Baba Laxman Amnare Died Th Lrs Shanker Baba Amnare And ANR v. Bappuprao Ramji Died And Others

2016-01-15Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13418 OF2010 IN SECOND APPEAL NO. 622 OF 1992 Baba Laxman Amnare (died) Sice deceased through L.Rs. And another ...APPLICANTS versus Bapurao Ramji (Died) through L.Rs. And others ...RESPONDENTS .....

Mr. D.N. Patki, Advocate for applicant- absent .....

CORAM : SUNIL P. DESHMUKH, J.

DATED : 15th JANUARY, 2016.

Order :- 1.

Under order dated 16th October, 2015 the applicants were allowed to serve respondents No. 2 and 4 by publication of notice in the newspaper. It has been also observed in said order that if the amount is not deposited prior to 30-10-2015, the application would be rejected and further orders would be passed. Accordingly, the matter was posted on 11-12-2015.

2.

It appears that before due date there is endorsement of the office to the effect that notices could not be issued to the respondents No. 2 and 4 as per order dated 16th October, 2015, for non deposit of requisite amount. Thereafter, the matter appeared on the board of 11th December, 2015 and on that day a request was made for extension on

2 ca-13418.10 behalf of the applicants for compliance of order dated 16th October, 2015. Accordingly, the matter was adjourned to 8th January, 2016. On that day, nobody was present on behalf of the parties, as such, the matter was adjourned to 15th January, 2016 and accordingly, the matter is listed on todays' board.

3.

Today, when the matter is called out, nobody has caused appearance on behalf of the applicants, as such, the application is dismissed for want of prosecution.

Sd/- ( SUNIL P. DESHMUKH, J. ) MTK