Sharad Bhikaji Divate (Deceased Thr. Lrs) And ANR. v. Ganpat Bapurao Jamdhade (D/H) And Others

32-cas945-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.945 OF 2016 IN SECOND APPEAL NO.187 OF 2014 Sharad B. Divate, since deceased through His L.Rs. - Smt.Sunanda S. Diwate & Ors. ...Applicants V/s.

Ganpat B. Jamdhade, since deceased, through His L.Rs. - Harishandra G. Jamdhade & Ors. ...Respondents Mr.P.N. Joshi for the Applicants.

Mr.Mankirat Singh i/b Mr.S.M. Gaorwadkar for the Respondent Nos.1(a) to 1(f).

CORAM : R.D. DHANUKA, J.

DATE : 17TH OCTOBER, 2016.

P.C. :- 1.

By this civil application, the applicants seek condonation of delay in filing the civil application and pray for setting aside the conditional order dated 5th November, 2014 passed by the Registrar (Judicial-II) and seek permission to serve the respondent no.4 at the new address of the cause title of the civil application. 2.

I have heard the learned counsel for the applicants and the learned counsel for the respondent nos.1(a) to 1(f). 3.

The applicants have now furnished the new address of the respondent no.12 on which address service can be effected. 1/2

32-cas945-16 4.

A perusal of the pleadings indicate that the applicants have satisfactorily explained the delay in filing the civil application and for setting aside the conditional order dated 5th November, 2014 passed by the Registrar (Judicial-II).

5.

For the reasons recorded in the civil application, the civil application is made absolute in terms of prayer clauses (a) to (c). The office is directed to issue a fresh notice upon the respondent no.12 at the new address mentioned in the title of the civil application, returnable on 25th November, 2016.

6.

The civil application is accordingly disposed of in aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) 2/2