Gajanan Shankar Tharval (Decd.) ... vs Vishwanath Narayan Tharval And ...
2023 Latest Caselaw 5070 Bom

                                                         22-CAS-1142-2002.doc


 Arjun


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION

                   CIVIL APPLICATION NO.1142 OF 2002
                                  IN
                     SECOND APPEAL NO.192 OF 2019

 Gajanan Shankar Tharval                 ...Applicants
 (Since deceased by his heirs)
 1. Smt. Aruna W/d of Gajanan Tharval & Ors.

         V/s.

 Vishvanath Narayan Tharval & Ors.               ...Respondents

                                  WITH
                     CIVIL APPLICATION NO.67 OF 2013
                                   IN
                      SECOND APPEAL NO.192 OF 2019

 Gajanan Shankar Tharval                 ...Applicants
 (Since deceased by his heirs)
 1. Smt. Aruna W/d of Gajanan Tharval & Ors.

         V/s.

 Vishvanath Narayan Tharval                      ...Respondents
 (Since deceased by his heir)
 Smt. Sunita Vishvanath Tharval & Ors.

                                 WITH
                    CIVIL APPLICATION NO.471 OF 2015
                                   IN
                     SECOND APPEAL NO.192 OF 2019

 Gajanan Shankar Tharval                 ...Applicants
 (Since deceased by his heirs)
 1. Smt. Aruna W/d of Gajanan Tharval & Ors.




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                                                            22-CAS-1142-2002.doc




         V/s.

 Vishvanath Narayan Tharval                        ...Respondents
 (Since deceased by his heir)
 Smt. Sunita Vishvanath Tharval & Ors.

                                 WITH
                   CIVIL APPLICATION NO.1369 OF 2013
                                  IN
                     SECOND APPEAL NO.192 OF 2019

 Gajanan Shankar Tharval                 ...Applicants
 (Since deceased by his heirs)
 1. Smt. Aruna W/d of Gajanan Tharval & Ors.

         V/s.

 Vishvanath Narayan Tharval                        ...Respondents
 (Since deceased by his heir)
 Smt. Sunita Vishvanath Tharval & Ors.


 Mrs. Sunanda Kumbhat, for Respondent Nos.1(a), 3(b)
 to 3(e) & 4.


                               CORAM : MADHAV J. JAMDAR, J.

DATED : JUNE 6, 2023

P.C.:

1. The Second Appeal is although numbered in 2019 the

same was fled on or about 3rd March, 2000. The impugned

Judgment and Decree in the Second Appeal is dated 4th

November, 1999 passed in Regular Civil Appeal No.1 of 1991

by the learned District Judge, Ratnagiri, by which, the

22-CAS-1142-2002.doc

Appeal was allowed and the Regular Civil Suit No.36 of 1983

was dismissed by setting aside the Judgment and Decree

dated 29th November, 1990 passed by the learned Civil

Judge, Junior Division, Khed in Regular Civil Suit No.36 of

1983.

2. This Second Appeal was on board in the morning

session. As none appeared for the Appellants, the same was

kept back. In the afternoon session also none appears for the

Appellants.

3. Mrs. Kumbhat, learned counsel appearing for the

Respondents states that, on earlier occasions also none

appeared for the Appellants.

4. As the Second Appeal is fled in 1999 and till date

pending for admission, for giving last opportunity to the

Appellants, stand over to 12th June, 2023 [frst on boarda

under the caption of 'Dismissal'. It is made clear that, if, on

that day none appears for the Appellants then, the Second

Appeal will be dismissed for non-prosecution.

[MADHAV J. JAMDAR, J.a