sa414.91 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 414 OF 1991 WITH CIVIL APPLICATION NO. 2909 OF 1991 WITH CIVIL APPLICAITON NO. 1752 OF 1992 Dr. Sow. Prajakta w/o Ashok Pande ...Appellant Versus Dr. Ashok s/o Haribhau Pande ...Respondent ..... None for the appellant Mr. D.V. Soman, advocate for respondent ..... CORAM: A.V. NIRGUDE, J. DATED: 21ST SEPTEMBER, 2011 PER COURT:- 1 This appeal is kept pending because the court did not know as to whether the appellant was alive or not. The appellant did not appear before this court for quite a long time and when the court inquired about her, it was informed that her advocate has died. So it was difficult for the Court to know whereabouts of the appellant. The respondent who is estranged husband of the appellant could have known about her. The respondent was asked as to what had happened to the appellant but he pleaded ignorance. So I sent notice to the respondent at her last known address but in vain. Ultimately, I was required to take police help to trace sa414.91 -2- out the whereabouts of the appellant. It is pertinent to note here that both the appellant as well as the respondent are well educated and are qualified medical practitioners. Due to persuasion to the police, ultimately the police submitted a report to the Court yesterday reporting that the appellant had died on 19.12.2009. When I informed this to the learned counsel appearing for the respondent, he still mentions that his client is not aware of even the death of the appellant. I felt very sorry for the appellant who died in estrangement and the respondent apparently did not even take care to find out as to whether she was alive or dead. The respondent appears to be a heartless person and because of his such attitude, the court was required to undertake circuitous root to find out the whereabouts of the appellant. 2 The second appeal stands abated. However, for the reluctance of the respondent to render help in getting the information about the appellant, the respondent should be saddled with costs quantified at ` 2000/-. The cost amount of ` 2000/- shall be paid to the Legal Service Sub committee, Aurangabad within a period of two weeks from today. 3 In the circumstances, nothing remains to be decided in the pending civil applications and the same stand disposed of, accordingly. ( A.V. NIRGUDE, J. ) rlj/ sa414.91 -3-