Gopal S/O Keshaorao Gajbhiye v. Keshaorao S/O Janiramji Bhalavi And 2 Others

FA445.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

First Appeal No.445/2016 Gopal Keshaorao Gajbhiye Vs.

Keshaorao s/o Janiramji Bhalavi and others __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Asghar Hussain, Advocate for applicant.

Ms Monali H. Pathade, Adv. For R.nos. 1 and 2. Mr.D.N.Kukday, Advocate for R.No.3.

CORAM : N.W.SAMBRE, J.

DATE :

APRIL 05, 2017 On April 3, 2017 and on April 4, 2017, the matter was called out thrice. However, the learned counsel for appellant remained absent. Even today also on 2nd call, learned counsel for the appellant is absent. As such, the matter stands dismissed for want of prosecution.

CAF No.3348/2016 In view of dismissal of first appeal for want of prosecution, CA No.3348/2016 for withdrawal of amount deposited by the appellant need to be allowed as the contents thereof are uncontroverted by the appellant.

FA445.16 The applicants to the said application i.e.

Respondent nos. 1 and 2 herein are permitted to withdraw an amount of Rs.1,50,000/- deposited in this Court by the appellant by furnishing usual undertaking that in case the application for restoration is moved, the amount if so directed to be withdrawn by this Court, will be redeposited. The application stands disposed of.

JUDGE Andurkar..