1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION jmi FIRST APPEAL NO.1258 OF 2009. Mr. Raghu Bhaghu Gandale. ..Appellant. v/s. Mr. Bhiwa Shankar Polekar & Anr. ..Respondents. .... Ms. Usha R. Tiwari, for Respondent No.1. Ms. V.S. Mhaispurkar, AGP, for Respondent No.2. .... CORAM : S.J.KATHAWALLA, J. DATE : 11TH NOVEMBER 2009. P.C. On 22 nd September 2009, the appellant had appeared in person and sought an adjournment on the ground that the Advocate is not available to proceed with the matter. This Court had therefore adjourned the appeal for two weeks with a clarification that in the event of the learned Advocate for the appellant is not present on the returnable date to conduct the appeal, the appeal shall be dismissed. 2. Thereafter on 6 th October 2009, the learned Advocate for the appellant remained present and the appeal was adjourned to 10 th November 2009. On 10 th November 2009, none appeared for the 2 appellant and the appeal was adjourned to 11 th November 2009, i.e. today. 3. Today, once again, none appears for the appellant. This Court is therefore, constrained to dismiss the first appeal for non- prosecution. 4. The first appeal is therefore, dismissed. [ S.J.KATHAWALLA, J. ]