Sabotiya Bhagwan Dangre And 4 ORS. v. Waman Sardar Dangre

(1) sa263.07

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR SECOND APPEAL NO.263/2007 Smt. Sabotiya Bhagwan Dangre and Ors .Vs. Waman s/o Sardar Dangre --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S. S. Nemade, Advocate for appellants.

Mr. C. Kulkarni, Advocate for respondent.

CORAM :

ANIL L. PANSARE, J.

DATE :

08.01.2024 Learned counsel for the appellants submits that he has e-filed an application in the month of October, 2023, seeking discharge from the appearance. The application, however, is not annexed with the record. Registry to verify. The learned counsel has now tendered across the bar hard copy of the application. He appears to have issued notice to the appellants of his intention to withdraw his power because the appellants are not responding to his calls. The envelope containing notice has been returned back on the ground that the door of the addressee was locked. It appears that the appellants are not interested in prosecuting the appeal and, therefore, are not responding to their counsel's calls.

In view, thereof, the application seeking discharge is allowed. Counsel for the appellants is discharged. As stated above, the appellants are not interested in prosecuting the appeal. The appeal, therefore, stands dismissed in terms of Order XLI Rule 17 read with Order XLII Rule 1 of the Civil Procedure Code, 1908.

Copy of the order be served upon the appellants for taking appropriate steps, if so desired.

(Anil L. Pansare, J.) Kahale