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Bombay High CourtCRA/52/2019dismissed for non prosecution

Roque Colaco., v. Constancio Colaco (Dec) Rep. By Lrs. And 9 ORS.,

2021-02-17Hon'Ble Shri Justice M. S. Sonak2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL REVISION APPLICATION NO.52 OF 2019 WITH CIVIL APPLICATION NO. 244 OF 2019 Roque Colaco.

.... Petitioner.

V/s.

Constancio Colaco (Dec) rep. by Lrs. And 9 ors., ....

Respondents Coram : M. S. SONAK, J.

Date : 17 th February, 2021.

P.C.:

On 13.01.2021, 20.01.2021 and 03.02.2021, none appeared on behalf of the applicant though the matter was regularly called out.

2.

Even today neither the applicant nor his Advocate is present.

3.

The challenge in this revision application is to the Order dated 11.07.2019 by which the applicant (the Judgment Debtors) application seeking to stall the execution process, came to be dismissed. The learned Executing Court has observed that the

application which came to be dismissed was in an attempt made by the Judgment Debtors to frustrate the decree or to render the decree infructuous.

4.

Taking into consideration all the aforesaid circumstances, this revision application is dismissed for non-prosecution. The Civil Application No.244/2019 does not survive and also is hereby dismissed.

M. S. SONAK, J.

af*