Shri Jyotipraksh S/O Kriparam Sharma v. Shri Nazir Ahmad Dingmar And Another

325.15-caa FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.325 OF 2015 IN APPEAL FROM ORDER NO. 1250 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Ralston Fernandes for the Applicant.

Mrs. Teja Katdare for the Respondent No.1.

CORAM : K. K. TATED, J.

DATE : MARCH 3, 2015 P.C.:

1.

Heard the learned counsel for the Applicant and Respondent No.1. This Application is preferred by the Plaintiff for dispensing with notice of the present proceedings on Respondent No.2. 2.

The learned counsel for the Applicant submits that in the Trial Court also none appeared on behalf of Respondent No.2, though he was duly served. To that effect, he relies on the order dated 07/09/2010 passed by the Civil Judge, Senior Division, Daman below Exhibit.1.

3.

Considering the submissions made by the learned counsel for the Applicant, the averments Basavraj G Patil 1/2

325.15-caa made in the Application and order dated 07/09/2010 passed by the Civil Judge, Senior Division, Daman, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, the following order:

a) Notice on Respondent No.2 of the present proceedings is dispensed with at the costs and risk of the Applicant.

b) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2