Prakash Dajiram Navale v. Sanjay Tukaram Avhad And ORS.

2 caf 2682-14=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 2682 OF 2014 IN FIRST APPEAL NO. 1443 OF 2010 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Ashok Toraskar for the applicant.

None for the respondents.

CORAM : K. K. TATED, J.

DATED : 08/01/2016 P.C.:

.

Heard learned Counsel for the applicant.

Though, the respondents are duly served, no one appeared on behalf of them when the matter called out.

This application is preferred by claimants for restoration of Civil Application (ST) No. 20760 of 2012, which was for restoration of First Appeal. That Civil Application stands dismissed in view of conditional order passed by the learned Registrar (Judicial-II) on 15.01.2013 for non removal of office objections.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Sneha Chavan 1/2

2 caf 2682-14=.doc Applicant has made out a case for allowing the present Civil Application.

Hence, the following order:

a) Order dated 15.01.2013 passed by learned Registrar (Judicial-II) in Civil Application (ST) no. 20760 of 2012 is set aside.

b) Civil Application (ST) No. 20760 of 2012 is restored on file for hearing on its own merits. c) Applicant is permitted to serve the Respondent No.4 in Civil Application (ST) No. 20760 of 2012 by substitute service as provided under Order 5 Rule 20 of Code of Civil Procedure, 1908 by publication in newspaper having wide circulation in the area where the Respondent lastly resided.

d) Publication to be made within eight weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

e) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2