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Bombay High CourtSA/246/2005dismissed

Parasmal Shankarlal Kothari. v. Riyaz Ahmadkhan Hamidkhan

2021-09-21Hon'Ble Shri Justice S.M. Modak1 pages

11-A.SA.246.2005.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Second Appeal No.246/2005 Parasmal Shankarlal Kothari Vs. Riyaz Ahmadkhan Hamidkhan WITH Second Appeal No.247/2005 Parasmal Shankarlal Kothari Vs. Shabbir Ahmad Saudagar Beg ******************************************************************************************************************* Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar's orders.

******************************************************************************************************************* Shri Prasad Bawankule, Advocate h/f Shri S.V. Purohit, Advocate for the Appellant. Shri C.A. Joshi, Advocate for the Respondent. CORAM : S.M. MODAK, J.

DATE : 21 st SEPTEMBER, 2021.

Read the order dated 24th August, 2021. Statement was made that appellant-Parasmal Shankarlal Kothari expired two years back. Learned Advocate for the appellant was directed to take note. No steps were taken on behalf of the appellant for want of instructions. It is true that the death certificate of appellant-Parasmal Shankarlal Kothari is not on record.

02] Today, I do not find any reason to disbelieve the statement made on 24th August, 2021 by learned Advocate for the respondent. This Court wants to give last chance to the appellant. 03] Hence, the matter be kept after four weeks.

04] During that period, if no steps are taken for bringing on record the legal representatives of deceased appellant or else making a statement that the appellant is alive, the matter will be dismissed automatically without reference to the Court. JUDGE vijay