Shri Babuli Mahadev Naik And ANR., v. Shri. Jayant S.S. Khandeparkar

4 SA-11-2011.DOC Meena

IN THE HIGH COURT OF BOMBAY AT GOA

SECOND APPEAL NO.11 OF 2011 WITH SECOND APPEAL NO.14 OF 2011 SECOND APPEAL NO.11 OF 2011 JAYANT SHIVRAM KHANDEPARKAR AND ANR.

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COMMUNIDADE OF USGAON REP. BY ITS ATTORNEY SHRI. ANAND PARAB ....APPELLANTS ......RESPONDENT WITH SECOND APPEAL NO.14 OF 2011 SHRI BABULI MAHADEV NAIK AND ... APPELLANT ANR.,

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... RESPONDENT SHRI. JAYANT S.S. KHANDEPARKAR Mr. R.G. Ramani, Senior Counsel with Mr. V. Narvekar, Advocate for the Appellant in SA No.11/2011.

Ms. S. Kenny, Advocate for the Appellant in SA No. 14 of 2011.

CORAM:

BHARAT P. DESHPANDE,J DATED :

27th June, 2024 P.C.:

1.

Ms. S. Kenny appearing for the Appellant in SA No.14 of 2011 submits that in spite of her efforts, she is unable to contact the legal heirs of the Appellant.

2.

On 26/04/2024, the following order was passed:

4 SA-11-2011.DOC "1. Mr Ramani, learned Senior Advocate appearing for the appellants in Second Appeal No.11/2011 points out that this appeal was ordered to be considered along with Second Appeal No.14/2011.

2. He points out that in 2020, he had pointed out that both the appellants in Second Appeal No.14/2011 had expired. The Advocate for the appellants in Second Appeal No.14/2011 had stated that steps would be taken to bring on record legal representatives of deceased appellants.

3. Till date, no steps appear to have been taken.

4. Accordingly, the matter is now posted on 27.06.2024 for directions."

3.

It was reported that both Appellant No.1 expired on 12/09/2019 and Appellant No.2 expired on 17/12/2020 in SA No.14/2011. Accordingly, SA No.14/2011 stands abated. The abatement is automatic therefore S.A. No.14/2011 stands disposed of as abated. 4.

List SA No.11/2011 for the final hearing as per its turn. BHARAT P. DESHPANDE, J.

Signed by: MEENA VISHAL BHOIR Designation: Private Secretary Date: 11/07/2024 18:42:48