1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR First Appeal No.581 of 1995 (Samadhan Wagh ..Vs.. Kaushalyabai Karale) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. B.T. Patil, counsel for appellant. Mr. N.S. Bhattad, counsel for respondent. Mr. M.D. Zoting, counsel for respondent no.6. Mr. V.L. Somalwar, counsel for respondent no.7. CORAM : SMT. VASANTI A. NAIK, J. DATE : AUGUST 24 , 2009 . 1. Shri A.B. Patil holding for Mr. B.T. Patil, learned counsel for the appellants, states that since the appellant was not responding to the communications issued by the counsel for the appellant, the counsel for the appellant had issued communication by registered post acknowledgment due to the appellant asking either to grant the Vakalatnama in favour of Shri A.B. Patil or to engage any other counsel but the said communication has been returned to the counsel for the appellant on 27/7/2009 by the postal department with an endorsement on the envelope that the appellant has expired. In these 2 circumstances, according to the learned counsel for the appellant he is unable to proceed in the said matter. 2. In view of the aforesaid submissions the first appeal filed by the appellant Samadhan Wagh is disposed of as abated. The respondent no.1 to 5 are permitted to withdraw the amount of Rs.25,000/- which is deposited by the appellant in the trial Court on 22/11/1995, if it is not withdrawn by the respondent no.1 to 5 till this date. 3. In case the said amount is placed in a fixed deposit account, the respondent no.1 to 5 would also be entitled to receive the interest accrued thereon. 4. The first appeal stands dismissed with no orders as to costs. JUDGE nvt.