Jerman Dmello v. Ghansham D. Warik And 5 ORS

MCA 234 of 2021 Andreza

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.234 OF 2021 WITH FIRST APPEAL NO.376 OF 2021 (F) MISC.CIVIL APPLICATION NO.234 OF 2021 JERMAN DMELLO ... APPLICANT

Versus

GHANSHAM D. WARIK AND 5 ORS ... RESPONDENTS WITH FIRST APPEAL NO.376 OF 2021 (F) JERMAN DMELLO ... APPELLANT

Versus

GHANSHAM D. WARIK AND 5 ORS ... RESPONDENTS .

CORAM:- M. S. SONAK, J.

DATED :- 14th December, 2023 P.C.

Neither the Applicant nor his Advocates were present on 16.02.2023. However, on 11.04.2023, the Advocate appeared and a notice was issued to the Respondents, returnable on 03.05.2023. However, the notice was not served. On 03.05.2023, at the request of the Advocate for the Applicant, the matter was stood over to 27.07.2023. The Bailiff's report shows that Respondent nos. 3, 4, and 6 were served and Respondent no.1 had expired.

2. On 27.07.2023, the learned Counsel for the Applicant requested time to take steps. However, no steps were taken on 17.08.2023. The 14th December, 2023

MCA 234 of 2021 request was renewed but still no steps were taken. On 13.09.2023 and 18.10.2023, neither the Applicants nor their Advocates appeared.

3. Considering the above, it appears that the Applicants are not interested in pursuing this matter. Accordingly, this application for condonation of delay and consequently the accompanying Appeal are dismissed for non-prosecution.

M. S. SONAK, J.

PEREIRA Date: 2023.12.15 10:12:50 +05'30'

ANDREZA PEREIRA 14th December, 2023