O  R  A  L    O  R  D  E  R 

Per.Mr.S.M.Shembole Hon’ble Presiding Judicial Member.

1.       Appellant Shri. Prakash Kashinath Wani as well as his counsel Shri.S.R.Patil are absent. Adv. U.N.Shete for the respondent No. 1 is present. However,  none for the respondent No. 2 is present, its counsel Shri. Pradeep Adkine and Shri. Kishore Sant are also absent. On  10/09/2012  notice was issued to the appellant as well as respondents after taking the matter from sine die list but till today no report about service of notice to  the appellant is received. The respondent in response to the notice appeared through their respective counsel.  On perusal of the office copy of the notice it reflects that it was issued on the correct address of the appellant as shown in the appeal memo. Therefore it will have to be presumed that the appellant is served with notice, but nobody turned up. Hence, there is no alternative  except to dismiss this appeal in default.

2.       Further we perused the copy of the impugned judgment and order and copies of the complaint, written version and we find that the impugned judgment and order is just and legal and hence, on any count the appeal deserves to be dismissed and accordingly, it is dismissed. No order as to cost.