Shrikrishna S/O Motiramji Dhok And Another v. Shalikram Waylaji Khandare

(1) sa502.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR SECOND APPEAL NO. 502/2013 Shrikrishna Motiramji Dhok and anr. .vs. Shalikram Waylaji Khandare WITH SECOND APPEAL NO. 162/2014 Shrikrishna Motiramji Dhok and anr. .vs. Shalikram Waylaji Khandare --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. R. G. Kavimandan, Advocate for respondent in S.A.No.502/2013 and for appellant in S.A.No.162/2014 CORAM :

ANIL L. PANSARE, J.

DATE : 07.07.2023 Second Appeal No.502/2013 On previous date, following order was passed. "1.

The appellants are served with the notice for engagement of another counsel, but none is present for them.

2.

In order to give one more opportunity, stand over to 7.7.2023."

The appeal is, therefore, dismissed under Order XLI Rule 17 read with Order XLII Rule 1 of the Civil Procedure Code, 1908.

S econd Appeal No. 162/2014 On 23.06.2023, following order was passed.

"1.

By the present application, the appellant, who expired after filing of this application, has sought early hearing on the ground that he is 76 years old. Unfortunately, he expired before deciding the application. Learned counsel for the applicant

(2) sa502.13 submits that application has become infructuous and may be disposed of.

2.

The application stands disposed of accordingly. 3.

The legal representative of appellant has already been brought on record in the Second Appeal No.162/2014.

4.

At the request of learned counsel for the appellant, stand over to 7.7.2023."

Thus, at the request of learned counsel for appellant, not only the application seeking early hearing has been allowed but the appeal has been kept for final hearing on the fixed date i.e. today. Learned counsel for the appellant is not ready.

The appeal, therefore, be listed for final hearing as per its turn.

(Anil L. Pansare, J.) kahale ARVIND KAHALE 18:14