1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD APPEAL FROM ORDER NO.66/2010 WITH CA NO.939/2009. (Kashinath s/o Dhondiba Kale, died through his L.Rs. - Krushna s/o Kashinath Kale and Ors. Vs. Madhavrao @ Bappasaheb Shivaji Pawar and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SA Nagargoje, Adv. h/for Mr. NL Jadhav, Adv. for appellants; Mr.AO Patil, Adv. h/for Mr. RN Dhorde, Adv. for Resp.Nos. 1 to 3; Mr.AM Gaikwad, Adv. for Resp.No.4. *** CORAM : K.U.CHANDIWAL ,J. DATE : 14 th DECEMBER, 2010. ... 1) Heard. 2) Mr.Gaikwad appears for Respondent No.4, has to file power. 3) Following substantial question of law is formulated, - “Whether the learned District Judge erred in remanding the matter (RCS No. 176/1995), having noticed that there was no pleadings from the respondents and no opportunity could be availed by the respondents and the said RCS virtually proceeded ex parte ?” 4) In paragraphs 10 and 11 of the order the learned District Judge has covered entire controversy. Slackness on the 2 part of the respondents in attending the matter was writ-large. The matter was of 1995, however, that by itself should not foreclose the rights vested in the respondents. Consequently, the order of remand dated 1.11.2004, on the costs of Rs.5,000/- does not call for any interference. 5) The earlier direction of the learned District Judge to dispose of the matter up to 15th January,2005 has turned stale. However, the learned Judge, seized with the matter, shall ensure to complete hearing up to September 30, 2011. 6) The learned District Judge did not commit mistake in setting the clock in right perspective. Appeal from order dismissed. No costs. CA dismissed. (K.U.CHANDIWAL) JUDGE bdv/