Shri Sabaji Nivrutti Bhor v. Shri Bhagvant Nivrutti Bhor And Others

VMC 52 cas-1571--2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1571 OF 2015 IN SECOND APPEAL NO. 61 OF 2015 Shri Sabaji Nivrutti Bhor ...

Applicant vs.

Shri Bhagvant Nivrutti Bhor & ors.

.....

Respondents ....

Mr. Ajay Joshi for applicant.

Mr. Santosh Shinde i/b T. D. Deshmukh for Respondent No.1. ....

CORAM : K.K. TATED, J.

DATE : 7th OCTOBER, 2015.

P.C.:

Heard learned counsel for parties.

2.

This application is for substitute service, as per Order 5 Rule 20 of Code of Civil Procedure on respondent No.2 Laxman Narayan Honrao.

3.

Office note shows that Second Appeal stood abated against respondent No.2 by an order dated 5th November, 2014. Hence, present Civil Application is not maintainable. Same stands dismissed. 4.

Liberty granted to the applicant to prefer a fresh application for same cause of action, if Second Appeal is restored against Respondent no.2.

(K.K. TATED, J.)