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Bombay High CourtCAF/3066/2015dismissed for noncomplying conditional order

Sitabai Ramji Todankar(Decased)Ashok Ramji Todankar(Deceased)Vima@Kalpana Chandrakant Tawade v. Vithal Narayan Shetty And ORS.

2015-06-25Hon'Ble Shri Justice K.K. Tated2 pages

910 cast 16292-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION (ST) NO. 16292 OF 2015 IN FIRST APPEAL NO. 957 OF 1994 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. D.S. Joshi for the applicant.

CORAM : K. K. TATED, J.

DATED : 25/06/2015.

P.C.:

.

Heard learned Counsel for the applicant.

This application is for restoration of earlier Civil Application no. 7244 of 2012, which was dismissed for default. There is delay of 2 years and 314 days in preferring the present Civil Application. Considering the submissions made by the learned counsel for the applicant and averments made in Civil Application, the following order is passed:

a) Rule.

b) Rule made returnable after 6 weeks.

c) In addition to usual mode of service, applicant is permitted to serve respondents by Sneha Chavan 1/2

910 cast 16292-15=.doc private notice either by registered post A.D. and/or by hand delivery and file Affidavit of Service to that effect.

d) Applicant to remove all office objections within three weeks from today, failing which the ca shall stand dismissed without further reference to the court.

e) Liberty granted to the applicant to move for ad-interim relief after service on all the respondents.

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