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Bombay High CourtCAF/1122/2017allowed

Tarabai Vishnu Yadav v. Jetaram Nrishniharam And ANR

2017-04-26Registrar(Judicial Ii Fa)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1122 OF 2017 IN FIRST APPEAL NO.177 OF 2010 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present.

CORAM : URMILA S. JOSHI- PHALKE REGISTRAR (JUDL - II) Date : 26th April, 2017 Perused Civil Application. Applicant has made statement on oath that addresses of Respondent Nos.1 and 3 as provided in cause title of the Appeal are the only known and available addresses of the Respondent Nos.1 and 3 where they were known to be last resided. Before Trial Court Respondent Nos.1 and 3 did not appear and the matter proceeded ex-parte against them. The Notices sent to the Respondents are returned unserved with Bailiff's remark "He is not a owner of the car neither a driver and he is not the said person whom the Notice to be served, hence he is not accepting the Notice" and "the said Respondent No.3 was absconded since 2 years back from his village"

respectively. In view of the above, Civil Application is allowed. Notice returnable by 8 weeks.

sd/- Registrar (Judl.-II) dsm - R(J-II) - 26.04.17