Sarjabai Mahipati Shelke v. Malan Baburao Shelke And Others

CAS.1121.2013.28.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1121 OF 2013 IN SECOND APPEAL NO. 284 OF 1991 Sarjabai w/o. Mahipati Shelke :- Applicant versus Malan Baburao Shelke @ Malan Baburao Shinde and Ors.

:- Respondents Mr. Prataprao Shinde, for the Applicant.

Mr. Pratibha Shelke, i/b. Mr. R. A. Thorat, for Respondent Nos. 1 and 2 CORAM :- R. M. SAVANT, J.

DATED :- AUGUST 20, 2013 P.C. :- At the outset, the learned Counsel for the Applicant Shri. Shinde seeks correction of prayer clause (b) so as to correct the date mentioned in the said prayer clause. Amendment to be carried out forthwith.

2) The above Civil Application has been filed for restoration of Civil Application No. 847 of 2012, which has stood dismissed on account of non compliance of the conditional order dated 30th October, 2012 in the matter of compliance of service on the Respondent No. 4(A).

J.V.Salunke,PA

CAS.1121.2013.28.doc 3) The Civil Application is accordingly allowed. Resultantly, the Civil Application No. 847 of 2012 is restored to file insofar as Respondent No. 4(A) is concerned.

4) On restoration, issue fresh notice to the Respondent No. 4(A) in the said Civil Application No. 847 of 2012, returnable after four weeks. In addition to service of notice through Court, the advocate for the Applicant may serve a private notice by Registered Post A.D. and/or by Courier service and/or by hand delivery to the Respondent No. 4(A) and shall file affidavit of service before the returnable date. The Civil Application is accordingly disposed of.

(R. M. SAVANT, J.) J.V.Salunke,PA