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Bombay High CourtFA/8/2019dismissed for non prosecution

Rajesh R. Parab And 5 ORS., v. Anandi Ladu Amerkar And 8 ORS.,

2023-05-04Hon'Ble Shri Justice M. S. Sonak2 pages

12-FA-8-2019.DOC Suchitra

IN THE HIGH COURT OF BOMBAY AT GOA

FIRST APPEAL NO.8/2019 RAJESH R. PARAB AND 5 ORS.

... APPELLANTS

Versus

ANANDI LADU AMERKAR AND 8 ORS.

... RESPONDENTS None for the parties.

CORAM:

M. S. SONAK, J.

DATED:

4th May 2023 P.C.:

1.

On 02.02.2023 this Court made the following order: "P.C. :

1. Mr. Padgaonkar holding for Mr. Narvekar states that steps would be taken to bring on record the legal representatives of the deceased respondent nos.1, 2 and 3 within four weeks. This statement is accepted. However, if no steps are taken within four weeks then the appeal to stand abated against the legal representatives of deceased respondent nos.1, 2 and 3. If the appeal stands abated as above, place the same after six weeks for directions to consider whether the appeal abates in its entirety. "

4th May 2023

12-FA-8-2019.DOC 2.

The endorsement in the Court file shows that no steps were taken. As such, in terms of this Court's order dated 02.02.2023, this appeal stands abated against the legal representatives of respondents no.1, 2 and 3.

3.

On 31.03.2023 when this matter was called out, neither the appellants nor their advocates bothered to appear. Still the matter was stood over to 04.05.2023.

4.

Today when the matter is called out the same position continues. Neither the appellants nor their advocates are present. The appeal is already abated against the legal representatives of respondents no.1, 2 and 3.

5.

Accordingly, the appeal is dismissed for non-prosecution. M. S. SONAK, J.

SUCHITRA NANDAN SINGBAL SUCHITRA NANDAN SINGBAL Date: 2023.05.04 17:40:13 +05'30'

4th May 2023