Vishnu Krishna Harwalkar And 7 ORS., v. Uday Ramnath Pokle And 4 ORS.,

39 FA 86 OF 2009.ODT Esha

IN THE HIGH COURT OF BOMBAY AT GOA

FIRST APPEAL NO. 86 OF 2009 VISHNU KRISHNA HARWALKAR & 7 ORS., ... APPELLANTS VS UDAY RAMNATH POKLE AND 4 ORS., ... RESPONDENTS ****** Mr. Pranav Kakodkar, Advocate for Respondent Nos. 1 & 2. Mr. Arun Talaulikar, Additional Government Advocate for Respondent Nos. 3, 4 & 5.

CORAM:

SANDEEP K. SHINDE, J.

DATED:

11 AUGUST 2022 P.C:

1.

Advocate Rohit Bras De Sa has filed Vakalatnama on behalf of appellant nos. 1 to 7. On 21.02.2020, he filed note of withdrawal of appearance by stating that the notice sent to the appellants, is returned unclaimed. As the learned Counsel for the appellants did not serve the notice on appellant nos. 1 to 8, the note of withdrawal of appearance was not accepted. Simultaneously, it was directed to issue notices to the appellants, informing that the learned Advocate on record has applied for withdrawal of appearance.

2.

The Bailiff report dated 07.05.2021, of the Civil Judge Junior Division, Sattari, Valpoi, reveals that the notices were served on appellant nos. 2 and 5 to 8 and notices issued to appellant nos. 11 August 2022

39 FA 86 OF 2009.ODT 1, 3 and 4, returned unserved, as they had expired. On 05.07.2022, when the matter was called out, neither the appellants nor their Advocate appeared.

3.

Today, when the matter is called out, none appeared on behalf of appellant nos. 2 and 5 to 8. The learned Counsel appearing on behalf of respondent nos. 1 and 2 and learned Additional Government Advocate for respondent nos. 3 to 5, are present.

4.

In that view of the matter, the Appeal is dismissed in default for non-prosecution.

SANDEEP K. SHINDE, J.

VAIGANKAR ESHA SAINATH Date: 2022.08.11 17:19:58 +05'30'

VAIGANKAR ESHA SAINATH 11 August 2022