JUDGMENT - OKA ABHAY S. J.:-On the request made by the learned Advocate appearing for the appellants, names of respondents Nos. 4 and 6 are deleted at the risk of the appellants.

2. On 15th June, 2004 notice was issued by this Court for final disposal of the appeal at admission stage. I have accordingly heard Shri Shaikh, Advocate appearing for the appellants and Shri M.L. Patil, Advocate appearing for the respondents Nos. 1-A to 1-H, 2 and 3. The order impugned in this appeal is the order dated 14th September, 1999 by which the appeal preferred by the appellants was dismissed for default. The order passed by the appellant Court reads thus:

"Appellants absent when called. Their Counsel has filed no instruction pursis at Exh. 26. Hence the appeal is dismissed for default of appellants. It be filed."

3. The learned Advocate for the appellants submitted that only because no instruction pursis was filed by the Advocate appearing for the appellants, the appeal was dismissed for default. He submitted that the Advocate appearing for the appellants had not obtained a valid discharge and therefore, merely because no instructions pursis was filed by the Advocate, the Advocate was not absolved o

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