Smt. Sangeeta W/O Raju Baisware v. Smt. Jeeradevi Wd/O Hardeo Singh (Deleted) And ORS

sa44of16.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR SECOND APPEAL 44 OF 2016 (Smt. Sangeeta w/o. Raju Baisware..vs..Smt. Jeeradevi wd/o. Hardeo Singh & Ors.) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri S. Raisuddin, counsel for appellant.

CORAM: ROHIT B. DEO, J.

DATE: 19 th November, 2018.

Heard.

The appeal is already dismissed against respondents 2 and 4. No steps have been taken for setting aside the dismissal order dated 2.8.2018.

The appeal is also dismissed against respondents 3(a) (b) and (c) and respondents 5(a) and (b). The order of the Registrar (Judicial) dated 2.8.2018 reveals that in so far as the legal heirs of respondents 3 and 5 are concerned, the appeal is dismissed since the appellant did not furnish the correct address. In so far as respondents 2 and 4 are concerned, the appeal is dismissed since despite time granted on 25.1.2018, 1.3.2018, 5.4.2016, 11.4.2018, 3.5.2018, 21.6.2018 and finally on 19.7.2018, no steps were taken to serve the said respondents.

Respondent 1 is deleted from array of parties in view of the order dated 13.8.2015.

In view of the dismissal of the appeal against the

sa44of16.odt 2 respondents, who are necessary parties, it would be futile to keep the appeal pending.

Second Appeal 44 of 2016 is dismissed.

The Registry to note that no application for restoration of the appeal shall be entertained unless accompanied by receipt evidencing deposit of cost of Rs. 3,000/- with the Vidarbha Lady Lawyer Association, Nagpur.

JUDGE RSB