Anand Konduji Kalambe And Others v. Annaji Konduji Kalambe And Others

2025:BHC-NAG:13505 14..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR SECOND APPEAL NO.03 OF 2007 Anand Konduji Kalambe and others .Vs. Annaji Konduji Kalambe and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms Radha Bapat, Adv. a/w Ms.Smita Deshpande, Adv. for respondent No.1. CORAM : ROHIT W. JOSHI, J.

DATE : 04/12/2025 1.

The learned Advocate appearing for the appellants were granted discharge vide order dated 10.09.2025. Notice was issued to the appellants for engagement of another Advocate. The appellant No.1 is served with the said notice. Notice to appellant No.2 who is the son of the appellant No.1 is returned back unserved for want of correct address.

2.

In view of the fact that, the appellant No.1 who is father of appellant No.2 was served, this Court has passed order dated 01.10.2025 stating that there was no need to issue fresh notice to the appellant No.2 for engagement of another Advocate. Despite being served with the notice for engagement of another advocate prior to 01.10.2025, the appellants have not taken any steps for engagement of another advocate for a period of two months. Likewise, the appeal already stands abated against the respondent Nos.2, 3, 4 and 5. The appeal arises out of a suit for partition and

14..odt separate possession. The abatement of the appeal against the aforesaid respondents results in the abatement of the appeal in its entirety.

3.

The appeal is disposed of accordingly as abated. (ROHIT W. JOSHI, J.) C.L. Dhakate