Appellant- Radheshyam as well as his counsel are absent. Adv. Mr. S.S. Kale appeared for the respondent No.1 and filed his VP today. On 24/09/2012 notice was issued to the appellant as well as respondents but no report about service of notice to appellant as well as respondent No.2 is received. On perusal of the office copy of the notice it reflects that it was issued on the correct address of the parties as shown in the appeal memo. Therefore it will have to be presumed that they are served with notice but appellant is absent. Therefore, the appeal deserves to be dismissed in default. It be recalled at 3.00 p.m. for order.

Matter is recalled at 4.12 p.m. but the appellant as well as his counsel are absent. Adv. Mr. Kale for the respondent No.1 is present. Hence, the appeal is dismissed in default. No order as to cost.