Shahaji Govardhan Shelke And Others vs Babruwan Vithal Shelke
2024 Latest Caselaw 13762 Bom

Bombay High Court

Shahaji Govardhan Shelke And Others vs Babruwan Vithal Shelke on 2 May, 2024

                                      (1)                931 sa 680.13

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                  931 SECOND APPEAL NO. 680 OF 2013

               SHAHAJI GOVARDHAN SHELKE AND OTHERS
                             VERSUS
                     BABRUWAN VITHAL SHELKE

                                   .....
               Advocate for Respondents : Mrs M.A. Kulkarni
                                   .....

                              CORAM :       Y.G. KHOBRAGADE, J.

                              DATE :        02.05.2024

P.C.:-

1. None appeared on behalf of the appellants. On perusal of record

it appears that on 08.05.2013 the present appeal was instituted challenging

the judgment and decree dated 11.02.2013 passed by the District Judge-1,

Osmanabad in RCA No.347/2012 arising out of judgment and decree dated

19.10.2012 passed by the learned C.J.J.D., Kalamb in RCS No.663/2006. On

11.10.2013, for the first time the matter was listed under the caption

'Admission', however, on that day the counsel for the respondent-caveator

sought time on the ground that the counsel for the appellant has not supplied

the copy of memo of appeal and stay application. Thereafter, on 10.01.2024

the matter was listed but it was adjourned on the request of the counsel for

the appellant. Again on 26.03.2024 the present matter was listed and on that

day the following order was passed:

(2) 931 sa 680.13

"1. Mr. Akash Jaju h/f. Tripathi Manish on behalf of the appellants seeks accommodation. The other side has no objection. As per office note, the appellants to furnish the copies of pleadings, oral evidence and documents which are part of the lower Court record.

2. Such compliance should be made within a period of four weeks. Stand over to 23.04.2024."

2. The office note shows that as per practice note dated 01.07.2021

the counsel for the appellants has not tendered true copies of pleadings, oral

evidence and documents forming part of the record of the lower Courts.

Though, this Court granted ample opportunities for compliance of office note

but till date it has not been complied with. However, in the interest of justice

four weeks time is granted as a last to last chance for compliance of office

note, failing which the appeal shall stand dismissed without reference to the

Court. If office note is complied with, place the matter for hearing on

03.07.2024.

[Y.G. KHOBRAGADE, J.]

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