Bombay High CourtSA/285/2005appeal abated

Kashinath Bandappa Birajdar v. Makaji Bali Kamble

2017-03-08Registrar1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 40 SECOND APPEAL NO. 285 OF 2005 KASHINATH BANDAPPA BIRAJDAR

VERSUS

MAKAJI BALI KAMBLE

CORAM:

VIJAY S.KULKARNI REGISTRAR (JUDL) DATED:

08/03/2017 1.

Perused record and proceeding. The objection notified by the office is that notice issued to respondent no.1 Makaji Bali Kamble and no.3 Laxman Apparao Gaikwad returned unserved on the ground that they are reported to be dead. The bailiff report filed on record dated 20/03/2010 clearly indicates that respondent nos.1 and 3 died before about six months of the date of filing of the report by the bailiff. Thereafter, no steps have been taken by the appellant to bring on record the L.Rs. of aforesaid respondents. There is no representation on behalf of the appellant. There is no leave note filed by the learned Advocate for the appellant for today's date. In view of the above, I pass following order.

ORDER

The appeal against respondent no.1 Makaji Bali Kamble and no.3 Laxman Apparao Gaikwad stands abated.

REGISTRAR (JUDL) sa285.05(40)