Shamrao S/O Somaji Gawali, And Another v. Sheshrao S/O Somaji Gawali, And Antoher

5sa230of2016.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR SECOND APPEAL NO.230/2016 Shamrao s/o Somaji Gawali and another V/s Sheshrao s/o Somaji Gawali and anothers .

--------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri V.T. Deshpande, Advocate for Appellants. Shri K. Lule, Assistant Government Pleader for Respondent No.2. CORAM: A.S. CHANDURKAR, J.

DATE: 26-06-2018 As per the office note, the respondent No.1 expired on 02/12/2016 and the appeal has thereafter abated against him. The respondent No.1 had filed Regular Civil Appeal No.78/09 before the appellate Court which came to be allowed as per the judgment dated 10/02/2014. In absence of the respondent No.1 in whose favour the decree was passed, the present appeal cannot proceed.

In view thereof, the Second Appeal is therefore disposed of as having abated.

JUDGE RKN