Bombay High Court
DADASAHEB NATHU PAGARversusMADHUKAR NATHU PAGAR AND ORS.
- Decided
- Disposal
- Disposed Off
- Bench
- GAURI GODSE
Holding
The appeal is disposed of as there is nothing left to adjudicate.
Summary
In Second Appeal No. 649 of 2015, Dadasaheb Nathu Pagar (appellant) challenged a decree against him before the Bombay High Court. The court noted that the notice served on the appellant was returned marked ‘insufficient address’ and that the appellant failed to appear despite an adjournment. Counsel for the respondents informed the court that the parties had amicably settled the dispute. On the basis of this settlement, the court held that there was no longer any substantive issue to be decided. Consequently, the second appeal was disposed of as there was nothing left to adjudicate.
Issues considered
- Whether the second appeal should proceed in view of the parties' settlement and the appellant's non‑appearance
Subjects
- settlement
- appeal disposal
- procedural default
- notice of insufficient address
Judgment
11-sa-649-2015.doc
varsha IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 649 OF 2015
Dadasaheb Nathu Pagar … Appellant
vs.
Madhukar Nathu Pagar and Ors … Respondents
None for the Appellant.
Ms. Chaitali Bhogle i/b. Mr. Sagar Kasar for the Respondents.
CORAM : GAURI GODSE, J.
DATED : 10th JULY 2026
ORDER:
1. Office remark shows that the notice issued to the sole
appellant is returned with the bailiff remark ‘insufficient address’.
The matter was adjourned to enable the appellant to take steps and
Digitally
signed by
VARSHA
VARSHA VIJAY
VIJAY RAJGURU
RAJGURU Date:
appear in the appeal. However, none appears for the appellant.
2026.07.14
14:02:42
+0530
Learned counsel for the respondents on instructions submits that
the parties have amicably settled the dispute.
2. In view of the statement made on behalf of the respondents,
the second appeal is disposed of on the ground that nothing
survives in the second appeal.
(GAURI GODSE, J.)
Page no. 1 of 1
Checking your session…