Akhalak Hussain Dawood Khot And ORS v. Dhanraj Balaram Mhatre And ORS

PR 20 caa 608-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 608 OF 2015 IN APPEAL FROM ORDER NO. 228 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P. K. Patole i/b S.S. Patawardhan for the applicant.

CORAM : K. K. TATED, J.

DATED : 08/04/2015.

P.C.:

.

Not on board. At the request of Advocate for the applicant, matter is taken on board for urgent orders.

The learned counsel for the applicant submits that respondent no.2 Hanuman Sadashiv Patil at present is in Taloja Jail. Therefore, applicant may be permitted to serve the respondent no.2 through the Jailor/Superintendent of Taloja Jail.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Sneha Chavan 1/2

PR 20 caa 608-15=.doc Hence, the following order:

i) Civil Application is allowed in terms of prayer clause (a) which read thus:

"a) This Hon'ble Court be pleased to allow the applicant to serve notice of the present Appeal from Order no. 228 of 2015, Civil Application no. 289 of 2015 and of present Civil Application, also with an advocates private notice either by registered post A.D. and/or by hand delivery and file Affidavit of Service to that effect. notice, on respondent no.2 who is presently lodged in Taloja Jail, through the Jailor/Superintendent of Taloja Jail."

ii) Civil Application is disposed of accordingly.

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