[[1]] IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION. APPELLATE JURISDICTION. APPELLATE JURISDICTION. Second Appeal nO. 343 OF 2003. [Disposed of] Eknath Narayan Thakur & Anr. ..Appellants. Vs. Ramchandra G. Bhomie & Anr. ..Respondents. None for the Appellants. P.S.Dani for Respondent no.1. CORAM: CORAM: CORAM: S.B.DESHMUKH,J. S.B.DESHMUKH,J. S.B.DESHMUKH,J. DATED: DATED: DATED: 22ND AUGUST,2006. 22ND AUGUST,2006. 22ND AUGUST,2006. P.C.:- P.C.:- P.C.:- 1] None appears for the Appellants. 2] Heard the learned Counsel P.S. Dani who appears for Respondent no.1. None appears for Respondent no.2. 3] Perused the order passed by this Court (Coram: R.J.Kochar,J) dated 25th April,2003 The Second Appeal is dismissed by this Court holding that there is no substantial question of law in this Appeal. However, the Appellants and their Family members were permitted to use suit-way upto 31st December,2003, if all the adult members of [[2]] their family file their undertaking in this Court within two weeks stating that they shall not use the suit-way thereafter. The Devasthan will be entitled to close the suit-way from 1.1.2004. This undertaking was not filed by Appellants/Appellant no.2. 4] This matter was before this Court (Coram: J.A.Patil,J) on 3rd November, 2003. This Court by an order passed on 3rd November,2003 directed to address a written communication to Appellant no.2 regarding filing of undertaking as ordered by this Court on 25th April, 2003. Registry has, thereafter, it appears, addressed a communication to Appellant No.2. There is no response from Appellant No.2. Obviously, there is no undertaking filed by Appellant No.2 or other adult members of the family of the Appellants. In the result, there is no undertaking as ordered by this Court by an order dated 25th April, 2003, as noted above. The Appeal is already dismissed and disposed of. In this view of the matter, in my view, there is no propriety, now, to keep this proceeding pending, seeking undertaking from [[3]] the Appellants. 5] Registry is, therefore, directed not to list this matter before the Court in future. [S.B.DESHMUKH,J.] [S.B.DESHMUKH,J.] [S.B.DESHMUKH,J.]