Meenakshi Wamanrao Kulkarni v. Anil Vithal Mali And Others

Chittewan 1/1

59. CAS 208-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO.208 OF 2017 IN SECOND APPEAL NO.528 OF 2014 Minakshi Wamanrao Kulkarni And Another...

Applicants

Versus

Anil Vithal Mali And Others ...

Respondents .....

Mr. Gauri Velankar i/b Mandar Liyame for the Applicants. .....

CORAM : S.C. GUPTE, J.

DATE : 3 MARCH 2017 P.C. :

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This civil application is for setting aside an abatement order in the second appeal as against Respondent No.9D. There is a delay of about 43 days in filing the civil application. The civil application is on the footing that though the Bailiff's report suggest that Respondent No.9D is dead, the Applicants' information is that she is not infact dead and that the second appeal can be duly served on her. For the reasons stated, the delay is condoned and the civil application is allowed in terms of prayer (b) thereof. A fresh notice be issued of the second appeal on Respondent 9D, returnable on 3 April 2017. The Applicants are permitted to effect a private service and file an affidavit of service till the next date. (S.C. GUPTE, J.)