Shri. Shivaji Dagadu Wagh And ORS v. Shri. Dattu Haribhau Wagh And ORS

PR 4 caw 2519-16=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 2519 OF 2016 IN WRIT PETITION NO. 10388 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Dhrupad Patil for the Applicant.

Mr. S.R. More i/b V.S. Talkute for Respondent No.1. CORAM : K. K. TATED, J.

DATED : 23/09/2016 P.C.:

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Not on board. At the request of Advocate for the petitioner, matter is taken on board for urgent orders.

This application is for restoration of Writ Petition No. 10388 of 2014 against Respondent No.2E.

The learned counsel for the applicant submits that Respondent No.2E was duly served. In support of this contention, he relies on bailiff's report dated 27.07.2016 as well as letter dated 27.07.2016 received from Civil Judge, Junior Division, Junnar, Dist. Pune which is Exh. C to the application. The learned counsel for the applicant submits that in a letter dated 27.07.2016, it is specifically Sneha Chavan 1/2

PR 4 caw 2519-16=.doc stated that Sadhana Vijay Todkar was duly served. Considering the submissions made by the learned counsel for the applicant, averments made in civil application, letter dated 27.07.2016 received from Civil Judge, Junior Division, Junnar, and bailiff report Exh.C, I am satisfied that applicant has made out case for allowing civil application.

Hence, following order is passed:

a) Order dated 31.08.2016 is recalled to the extent of directing applicant to take steps for service on Respondent No.2E.

b) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2