1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD SECOND APPEAL NO. 685 OF 2008 Sau Anita w/o Suresh Sadgure .. APPELLANT VERSUS Janta primary Grahak Co-operative Society Ltd. & another .. RESPONDENTS Shri H.K. Munde, Advocate for respondent no. 2. ===== CORAM : R. M. BORDE, J. DATE : 16 th September, 2009 PER COURT : 1 Initially an application for condonation of delay presented in the appeal came to be rejected which order was challenged by the appellant by filing Special Leave Petition before the Apex court. Apex court allowed the Special Leave Petition and condoned delay and remitted the appeal for re-consideration. Order was passed by the Apex court on 28-7-2008. Appeal was thereafter placed for admission hearing on number of occasions i.e. on 24-4-2009, 5-5-2009, 3-7-2009, 6-7-2009. However, the matter came to be adjourned for one reason or the other. On 18-6-2009, it was informed that the learned counsel for the appellant was out of station 2 and as such matter came to be adjourned subject to cost of Rs.750/-. Amount of cost came to be deposited on 15-7-2009. However, thereafter also when the matter was placed for admission hearing before this court on 16-7-2009, 6—8-2009, the same came to be adjourned. Thus, this court by recording reasons has granted adjournment by way of last chance on 9-9-2009. On the next date prescribed in the matter i.e. on 6-8-2009 also, learned counsel for the appellant was absent. As such, the matter came to be adjourned. Today also when the matter is called out, learned counsel for the appellant is absent. In these circumstances, there is no other alternative except dismissing the appeal. Appeal thus stands dismissed for want of prosecution. 2 In view of dismissal of the appeal, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/sa658.08.odt