Bombay High CourtCAS/103/2017allowed

Smt. Dwarkabai Prabhakar Pawar And ORS. v. Shri. Sadashiv Gyanba Mohite (Since Deceased Thr. Lrs) And ORS.

2017-01-13Hon'Ble Shri Justice S.C. Gupte1 pages

sat 1/1 ca(st) 29586-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICAITON (ST) NO. 29586 OF 2016 IN SECOND APPEAL (ST) NO. 27052 OF 2015 Smt.Dwarkabai Prabhakar Pawar & Ors.

...Applicants/Plaintiffs vs.

Shri Sadashiv Gyanba Mohite, since deceased through his legal heirs 1a) Smt.Kamal Sadashiv Mohite & Ors.

...Respondents

Mr.Sumit Kate I/b. Uday Warunjikar for Applicants. Mr.A.R. Gole for Respondents 1a, 1c, 1d, 1e, 2 and 3. CORAM : S.C. GUPTE, J.

13 JANUARY 2017 P.C. :

The civil application seeks substituted service of the second appeal on Respondent No.1(b). For the reasons stated in the civil application, the same is allowed in terms of prayer clause (a). The Applicants shall publish the notice through the newspapers mentioned in prayer clause (a) with the returnable date as "6 February 2017". Learned Counsel for all Respondents, except Respondent No.1(b), waives service.

(S.C. Gupte, J.)