The Municipal Corporation Of Greater Bombay v. Brahmadatt Rameshwar Tiwari(Deleted Since Deceased)1.Smt.Shakuntala B.Tiwari(Since Deceased) And Or

1 120.3674.17 caf.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3674 OF 2017 IN FIRST APPEAL NO. 1189 OF 2012 The Municipal Corporation of Greater .....Applicant Bombay V/s.

Brahmadatt Rameshwar Tiwari .....Respondents (Deleted since deceased) Shakuntala B. Tiwari(Since deceased) Mr. Mahesh. B. Tiwari and others Ms. Oorja Dhond for the applicant None for the respondents CORAM : K. K. TATED, J.

DATE :

MARCH 15, 2019.

P.C.

Heard the learned counsel for the applicant.

By this Civil Application, applicant is seeking to set aside the order dated 09/01/2015 passed by the learned Registrar Judicial -II

2 120.3674.17 caf.doc by which First Appeal No. 1189 of 2012 was dismissed against respondent nos. 3 to 5 for want of service.

The learned counsel for the applicant submits that it remained on their part to take appropriate steps immediately for service on respondent nos. 3 to 5. She further submits that they tried to find out present correct addreess of these respondents. She submits that in this process, there was delay on their part. The learned counsel for the applicant submits that in the interest of justice, this Hon'ble Court be pleased to set aside the order dated 09/01/2015 and restore the First Appeal against respondent nos. 3 to 5 and permit the applicant to serve respondent nos. 3 to 5 by publication in newspaper as per Order V Rule 20 of the Code of Civil Procedure, 1908. She submits that if Civil Application is not allowed, irreparable loss would cause to them. Considering the submissions made by the learned counsel for the applicant, averments made in Civil Application and as applicant

3 120.3674.17 caf.doc wants to serve respondent nos. 3 to 5 as per Order V Rule 20 of the Code of Civil Procedure, 1908, I am satisfied that applicant has made out case for allowing Civil Application. Hence, following order: (I) Delay of 2 years and 226 days in filing Civil Application is condoned.

(II) Order dated 09/01/2015 passed by Registrar (Judicial-II) is set aside.

(III) First Appeal No. 1189 of 2012 is restored on file against respondent nos. 3 to 5.

(IV) Applicant to serve respondent nos. 3 to 5 as per Order V Rule 20 of the Code of Civil Procedure, 1908 by publishing in two leading newspapers, one in English and one in regional language on or before 29/06/2019 and file affidavit of service to that effect, failing which Civil Application shall stand dismissed without referring back to the Court.

(V) Civil Application stands disposed of.

[K. K. TATED, J.]