Shri Natthu S/O Marotraoji Dharmik v. Mr. Yahiya Khan S/O Roshan Khan

2024:BHC-NAG:541 22-SA-372-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

SECOND APPEAL NO. 372 OF 2019 (Shri Natthu s/o Marotraoji Dharmik Vs. Mr. Yahiya Khan s/o Roshan Khan) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri V.R. Thote, Counsel for the respondent.

.....

CORAM : ANIL L. PANSARE, J.

JANUARY 16, 2024.

On 8/1/2024, the following order was passed :

"On previous date, following order was passed.

"List the Appeal on 8th January, 2023 under the caption of 'Part heard'."

None present for the parties.

List under the caption, "For Dismissal", on 16.01.2024."

2] None appears for the appellant, even today.

3] It appears that the appellant is not interested in prosecuting the appeal.

4] The learned Counsel for the respondent submits that during the course of hearing on 3/1/2024, this Court expressed a view that there is no merit in the appeal. He submits that the view expressed may be the reason for the absence of the appellant and his Counsel. 5] The appeal is dismissed under Order XLI Rule 17 read with Order XLII Rule 1 of the Code of Civil

22-SA-372-2019 Procedure, 1908 with costs of Rs.5,000/- (rupees five thousand) to be paid to the High Court Legal Services Sub-Committee, Nagpur. The restoration application, if filed, shall only be listed upon depositing costs of Rs.5,000/-.

(ANIL L. PANSARE, J.) Sumit