None for the appellant is present it’s counsel Smt. A.U.Shiurkar is also absent. Respondent No. 1 Shri.Liyakat Jamakha Pita Mehamudkha in person is present, his counsel Shri. Rahul Joshi is also absent. Respondent No. 1 has already submitted written notes of arguments. The record reflects that nobody for the appellant is present since 22/09/2011. However, on last date the matter was adjourned till today by way of last chance. Today also nobody for the appellant is present. Hence, there is no alternative except to dismiss the appeal in default.

2.       However, we have gone through the copy of impugned judgment and order, copy of complaint and written version and we find that the impugned judgment and order is just, proper and legal. Hence the appeal is dismissed. No order as to cost.