Hari Raghu Kshirsagar Deceased ... vs Rangrao Ramrao Deshmukh Dead Th ...
2021 Latest Caselaw 3083 Bom

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                         945 SECOND APPEAL NO.612 OF 2011
                         WITH CA/14167/2011 IN SA/612/2011


    HARI RAGHU KSHIRSAGAR DECEASED LRS CHAYABAI H KSHIRSAGAR
                   DEAD LRS BHAGWAN H KSHIRSAGAR AND ORS
                                          VERSUS
     RANGRAO RAMRAO DESHMUKH DEAD TH LRS SHRINIVAS RANGRAO
                                     DESHMUKH AND ORS
                                            ...
    Mrs. R.R. Tandale, Advocate h/f Mr. S.S. Thombre, Advocate for appellants
                                            ...

                                       CORAM :     SMT. VIBHA KANKANWADI, J.

                                       DATE :      16th FEBRUARY, 2021.


PER COURT :



1                Once again learned Advocate Mrs. R.R. Tandale holding for

learned Advocate Mr. S.S. Thombre for the appellants seeks accommodation.

Now, the grounds stated is that Mr. S.S. Thombre has gone out of station. It

appears from the record that the appeal was dismissed as against respondent

No.1/2 by this Court, on account of the conditional order that was passed by

this Court on 15.11.2017. Respondent No.1/2 was reported to be dead and

by the said order dated 15.11.2017 appellants were directed to take steps to

take legal heirs of respondent No.1/2 on record within one week. Notices to

2 SA_612_2011

the proposed legal representatives were made returnable on 15.12.2017 and

it was stated that if the steps have not taken, then appeal would stand

dismissed against respondent No.1/2. Thereafter till today it appears that no

steps have been taken, though the matter had appeared at least four times.

Appellants are the original defendants and the respondents are the original

plaintiffs. Original plaintiffs filed suit for possession of house and the said

suit i.e. Regular Civil Suit No.424/1986 came to be decreed on 20.09.1993.

Thereafter, it appears that the original defendants challenged the said

Judgment and Decree in Regular Civil Appeal No.144/1998 before learned

District Judge-2, Ambejogai, Dist. Beed. The said appeal came to be

dismissed on 22.11.2010. Under such circumstance, the decree, that is,

passed against the defendants is joint and several and when no steps have

been taken to bring the legal representatives of one of the representatives of

the plaintiff, then in fact, the appeal would be required to be disposed of as

abated, however, since Mr. S.S. Thombre is not present, stand over till

04.03.2021. It is adjourned for the dismissal.

( Smt. Vibha Kankanwadi, J. )

agd