Bombay High Court
Abdul Samad Sarwar Bakar Kasab vs Syed Ismail Syed Ibrahim on 1 December, 2023
Author: S. G. Mehare
Bench: S. G. Mehare
2023:BHC-AUG:25018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
907 SECOND APPEAL NO.454 OF 1995
WITH SA/455/1995
ABDUL SAMAD SARWAR BAKAR KASAB.
VERSUS
SYED ISMAIL SYED IBRAHIM.
...
Advocate for Respondents : Mr. P. P. Patni h/f Mr. P. F. Patni.
...
CORAM : S. G. MEHARE, J.
DATE : 01.12.2023
PER COURT :-
1. None present for the appellant.
2. Learned counsel appearing for the respondents states that respondents have received the possession of the suit land from the legal heirs of the appellant. So, they have lost the interest in the appeals.
3. The decree was for the possession. As per the statement of learned counsel for the respondents, the legal heirs of the appellant had handed over the possession of the suit land. So, possibility of losing the interest in the appeals cannot be ruled out. The appeals are pending since 1995.
4. Hence, both second appeals stand dismissed for want of prosecution.
5. R and P be returned to the Court of first instance.
(S. G. MEHARE, J.) ...
vmk/-
Signed by: Vaishali Mahesh Kale Designation: PA To Honourable Judge Date: 01/12/2023 17:29:38