Usman Abbas Sayyed v. Hasham Abbas Sayed And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1803 OF 2016 IN WRIT PETITION NO.2234 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms.Eventa Gonsalves, Advocate for Applicant.

Mr. J.V. Parmar, Advocate for Respondent No.1.

CORAM : R. G. KETKAR, J.

DATE : 05/08/2016 P.C.:

1.

Heard Ms.Eventa Gonsalves, learned Counsel for the applicant and Mr.J.V. Parmar, learned Counsel for respondent No.1.

2.

By order dated 15.7.2016, notice was issued to the L.Rs of respondent No.2, returnable on 5.8.2016. Ms. Gonsalves states that she has served the L.Rs of respondent No.2 and to that effect she has filed affidavit of service dated 26.7.2016. She further states that respondent No.2 has not challenged the decree passed against him. In other words,

2/2 7.CAW.1803-16.doc respondent No.2 is not a contesting respondent. In view thereof and for the reasons stated in the application, Civil Application is allowed in terms of prayer clauses (a) and (b) with no order as to costs. Amendment in the main Writ Petition shall be carried out within one week from today.

(R. G. KETKAR, J.) Deshmane(PS)