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Bombay High CourtCAS/940/2017disposed off

Mrs. Mamata Ganapat Talashilkar v. Sau. Anandi Krushna Surve,2. Mr. Krushna Gangaram Surve.

2017-07-07Hon'Ble Shri Justice S.J. Kathawalla2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 940 OF 2017 IN SECOND APPEAL NO.270 OF 2013 Mrs. Mamata Ganpat Talashilkar ...

Applicant

Versus

Sou. Anandi Krushna Surve and another ...

Respondents Mr.Sanskar Marathe for the Applicant/Appellant. None for the Respondents.

CORAM : S.J. KATHAWALLA, J.

DATED : 7TH JULY, 2017 P.C.:

1.

On 01.07.2017, none was present for the Appellants and the Respondents. In view thereof, the Second Appeal was dismissed for default. 2.

For the reasons set out in the Civil Application, the order dated 01.07.2017 is set aside and the Second Appeal is restored to file. Ad-interim order dated 11.06.2013 is also restored.

3.

The Learned Advocate for the Appellant shall serve a copy of this order on the Respondents and their Advocates by Speed Post/Registered Post A.D. and/or by hand-delivery and shall file an affidavit proving service on the adjourned date.

kpd 2 / 2 906­CAS­940­2017.sxw 4.

Place the above Second Appeal No.270 of 2013 under the caption 'For Orders' on 21.07.2017.

5.

The above Civil Application No. 940 of 2017 is accordingly disposed off. ( S.J.KATHAWALLA, J. )