Mr. Ganesh Chandrakant Bhoite v. Mr. Sami Mohd. Khan And ANR.

9 caf303-19.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.303 OF 2019 IN FIRST APPEAL NO.1153 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.Omkar Paranjape i/b Mr.A.M.Gokhale for the applicant Ms.Poonam Mittal for the respondent no.2 CORAM : K. K. TATED, J DATE : APRIL 15, 2019 P.C.:

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Heard the learned counsel for the parties.

By this Civil Application, Applicant is seeking dispense of notice of Respondent no.1 in First Appeal No.1153 of 2014.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a Mohite 1/2

9 caf303-19.doc case for allowing the present Civil Application. Hence, following order:

A) Civil Application is allowed in terms of prayer clause (a) which reads thus, on the cost and consequences of Appellant only :- "(a) Service of notice upon the Respondent No.1 in First Appeal No.1153 of 2014 may be dispensed with."

B) Amendment be carried out on or before 15.6.2019.

C) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2