Bhagwat Tukaram Kale v. Rajendra Nagorao Kate And ANR

2024:BHC-AUG:5420 14SA787-13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 14 SECOND APPEAL NO. 787 OF 2013 BHAGWAT TUKARAM KALE

VERSUS

RAJENDRA NAGORAO KATE AND ANR Mr. V. S. Tanwade, Advocate for Appellant-Absent CORAM : Y. G. KHOBRAGADE, J.

Dated : 11th March, 2024 PER COURT :- 1.

Though called out even after recess, none appeared in the matter. 2.

On the face of record, it appears that on 20.09.2011, the appellant has instituted the appeal alongwith application for condonation of delay i.e. Civil Application No. 4348 of 2012. On 1st October, 2013, the said application came to be allowed. Since then, the matter remained uncirculated. Thereafter, today, for the first time, this matter is listed for admission. However, the counsel for the appellant or the appellant, who suffered concurrent findings, remained absent. Therefore, it appears that the appellant might have lost interest in the matter. In this circumstance, no option left with the Court but to dismiss the appeal for want of prosecution.

3.

Accordingly the second appeal is dismissed for want of prosecution. ( Y. G. KHOBRAGADE, J. ) JPChavan