M/S. Patidar Co-Op. Hsg. Soc. Ltd. v. Shri. Mukesh Shashikant Patel And ANR.

sg 1/2 caf1055-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1055 OF 2017 IN FIRST APPEAL (STAMP) NO.16212 OF 2015 WITH CIVIL APPLICATION NO.2571 OF 2016 IN FIRST APPEAL (STAMP) NO.16212 OF 2015 M/s. Patidar Co-Op. Hsg. Soc. Ltd.

...Applicant/Appellant vs.

Shri. Mukesh Shashikant Patel And Anr.

...Respondents

....

Mr. Sunil Patel, for the Applicant.

.......

CORAM : S.C. GUPTE, J.

DATED : 10 APRIL 2017 P.C. :

.

This First Appeal is filed by a third party after seeking leave of the Court to file the appeal. The main cause is to be shown by Respondent No.1 - decree holder. Respondent No.2 - judgment debtor, it appears, is no more, but the Applicant/Appellant is not aware of the legal heirs of the deceased. In the premises, the Applicant/Appellant seeks an order permitting them to publish a notice of the First Appeal in local newspapers as and by way of service upon Respondent No.2/his heirs. The application is duly served on Respondent No.1. Civil Application No.1055 of 2017, in the premises, is allowed in terms of prayer clause (b). The publication shall be made in two local newspapers, one in Mumbai Samachar and the other in Free Press Journal circulating in

sg 2/2 caf1055-17.doc Mumbai, with returnable date notified as 5 June 2017. Along with the notice of the First Appeal, a notice of Civil Application No.2571 of 2016, for condonation of delay, should also be published. 2.

Stand over to 5 June 2017, along with Civil Application No. 2571 of 2016.

( S.C. GUPTE, J. )