Shri Bhausaheb Tatyaba Sutar Thr. ... vs Shri. Shankar Vishnu Sutar (Since ...
2023 Latest Caselaw 1069 Bom

                                                                       912-sa-798-2019.doc
   Sonali

       Digitally
       signed by
       SONALI                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SONALI MILIND
MILIND PATIL                           CIVIL APPELLATE JURISDICTION
PATIL Date:
       2023.02.01
       17:37:29
       +0530                          SECOND APPEAL NO.798 OF 2019
                                                  WITH
                                     CIVIL APPLICATION NO. 531 OF 2019

                    Shri Bhausaheb Tatyaba Sutar
                    through Power of Attorney
                    Shrikant Bhausaheb Sutar                       ...Appellant
                        Versus
                    Shri. Shankar Vishnu Sutar
                    since deceased through legal heirs
                    Shri. Ashok Shankar Sutar & Ors.               ...Respondents


                    None for the Appellant.

                    Mr. Ratan Upadhyay a/w. Mr. Sushant Prabhune, for the Respondent
                    No.1A to 1E.


                                           CORAM : MADHAV J. JAMDAR, J.

DATED : 1st FEBRUARY 2023

P.C. :

1. Heard Mr. Ratan Upadhyay i/b. Mr. Sushant Sudhakar

Prabhune, learned Advocate appearing for Respondent Nos. 1A

to 1E i.e. heirs of original Plaintiff. He states that by Judgment

and Decree dated 8th August 2012 passed by the learned Joint

Civil Judge, Junior Division, Baramati passed in Regular Civil

Suit No.153 of 2005 the possession of City Survey No.112 was

912-sa-798-2019.doc Sonali

directed to be handed over to the original Plaintiff. He further

submits that the Appeal filed by the Defendants i.e. present

Appellant bearing Regular Civil Appeal No.116 of 2016 was also

dismissed by the learned District Judge, Baramati, Dist. Pune

by Judgment and Decree dated 1st November 2018. He states

that during the pendency of this Second Appeal, the Appellant

has handed over the possession of the suit property to the

Respondents.

2. Mr. Ratan Upadhyay also tenders copy of order dated 22 nd

April 2022 passed by the learned Joint Civil Judge, Junior

Division, Baramati below Exhibit-1 in Regular Darkhast No.141

of 2012. In the said order, it has been recorded that as per the

Bailiff report, the possession is handed over to the Decree

Holder and therefore, Darkhast has been disposed of as fully

satisfied.

3. None appears for the Appellant. It appears that as the

possession of the suit property is handed over by the Appellant

to the Respondents, the Appellant is not interested in

prosecuting the Second Appeal.

4. This matter was placed on 30th January 2023. However,

912-sa-798-2019.doc Sonali

as none appeared for the Appellant, the matter is adjourned to

today. Although in order dated 30th January 2023 it is

mentioned that Advocate Ratan Upadhyay appeared for the

Appellant and none for the Respondents, in fact none had

appeared for the Appellant and Mr. Ratan Upadhyay appeared

for the Respondents.

5. Thus, the Second Appeal is dismissed for non-prosecution

and disposed of as such.

6. In view of the dismissal of the Second Appeal for non-

prosecution, nothing survives in the Civil Application and the

same is also dismissed as such.

[MADHAV J. JAMDAR, J.]