Shri. Viru Namdeo Lokhande And ORS v. Shri. Swaminarayan Sanskruti Seva Trust, Through Shri. Prafful Chintaman Mootta And ANR

caw-1529.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1529 OF 2014 IN WRIT PETITION NO.11420 OF 2012 Viru Namdeo Lokhande and anr.

: Applicants.

Versus

Shri Swaminarayan Sanskruti Seva Trust Through its Constituted Attorney Shri Prafful Chintaman Mootta and ors.

: Respondents.

Mr. Tejas D Deshmukh for the Applicants.

None for the Respondent No.1 CORAM :

R. M. SAVANT, J.

DATE :

17th July 2015 P.C.

The above Civil Application has been filed for restoration of the above Petition which has stood dismissed for non-prosecution in view of the conditional order dated 20/1/2014 on account of non-service of the notice on the Respondent Nos.1 and 4. In so far as the Respondent No.4 is concerned, the learned counsel for the Applicants/Petitioners has made a statement on 27/4/2015 that the said Respondent No.4 would be deleted. In so far as the Respondent No.1 ;is concerned, the Applicants/Petitioners have filed Civil Application No.1115 of 2015 for effecting substituted service on the Respondent No.1.

In the light of the aforesaid, in my view, it would be just and lgc

caw-1529.14 proper to allow the above Civil Application which is accordingly allowed. Resultantly, the above Writ Petition is restored to file. Amendment in so far as deletion of the Respondent No.4 ;is concerned, to be carried out within two weeks from date. The above Civil Application is accordingly disposed of. [R.M.SAVANT, J] lgc