Keshaorao S/O Dhondbaji Rode Thr. Lrs. Shankar S/O Keshaorao Rode And ORS. v. Kashinath S/O Dhondbaji Rode Thr. Lrs Jagdish Kashinath Rode And Others

1 20-SA No.441.2006

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO. 207 OF 2024 IN SECOND APPEAL NO. 441 OF 2006 Shri Keshaorao S/o Dhondhaji Rode (Dead) through LRs. and others ..VS..

Shri Kashinath S/o Dhondbaji Rode (Dead) through LRs. and others --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. Archana Lanjewar, Advocate h/f. Mr. N.R. Saboo, Advocate for appellants.

Mr. G.E. Moharir, Advocate for LRs. of respondent No.1. CORAM : SANJAY A. DESHMUKH, J.

DATED : 27 th JUNE, 2024 This is an application for withdrawal of this appeal on behalf of appellant Nos.2 to 6. The appellant No.1 is absent even though notice was issued to him in view of Pursis dated 08.03.2024 by this Court. The appellant Nos.2 to 6 and also legal heirs of respondent No.1 are present in the Court. They have filed Compromise Pursis/Family Arrangement, however, appellant No.1 is not present.

2.

On enquiry by this Court to other appellants, they are submitting that the appellant No.1 is suffering from mental illness and wandering in the entire village and his wife is paralyzed.

3.

In such fact situation, it would be proper to appoint his next friend to represent the appellant No.1.

2 20-SA No.441.2006 Therefore, the appellant Nos.2 to 6 are directed to comply the procedure prescribed by law for appointing next friend of the appellant No.1.

4.

Stand over to 10.07.2024.

(SANJAY A. DESHMUKH, J.) Kirtak Signed by: Mr. B.J. Kirtak Designation: PA To Honourable Judge Date: 29/06/2024 11:30:39