Sou. Sushila Vinayak More v. Shri. Yeshwant Kisan Malame And ORS

30 caf 2439-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2439 OF 2016 IN CIVIL APPLICATION NO. 908 OF 2014 IN FIRST APPEAL NO.562 OF 2011 Sou. Sushila Vinayak More ..Applicant v/s.

Yeshwant Kisan Malame & Ors.

..Respondents Mr. V.S.Tadke i/b. M.B.Gawde for the Applicant/Appellant CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 14TH MARCH, 2018.

P.C.

1.

The applicant herein was granted five weeks time to serve the unserved respondent nos.1, 2 and 4, failing which the Civil Application No.908 of 2014 was to be dismissed against the respondent nos.1, 2 and 4. Failure to take steps to serve the unserved respondents has resulted in dismissal of the Civil application No.908 of 2014 as against the respondent nos.1, 2 and 4. 2.

Heard learned Counsel for the applicant. He states that the pps

30 caf 2439-16.doc applicant will take appropriate steps to serve the respondent nos. 1, 2 and 4 within a period of four weeks. Statement accepted. 3.

I have perused the averments made in paragraph 5 of the application, which in my considered view constitute sufficient grounds to restore the application.

4.

In the light of the above statement and the averments made in the application, the Civil Application No.908 of 2014 stands restored to the file.

5.

Civil application stands disposed of.

(ANUJA PRABHUDESSAI, J.) pps