Ashit Manordas Mehta And ANR v. Meena Nitin Mehta

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.380 OF 2016 IN APPEAL FROM ORDER NO.834 OF 2015 IN NOTICE OF MOTION NO.4417 OF 2007 IN B.C.C.C. SUIT NO.6277 OF 2005 Ashit Manordas Mehta .... Applicant In the matter of Meena Nitin Mehta .... Appellant V/s.

Padmavati Manordas Mehta (Since Deceased), Through LRs :- Jayshree Suketu Valia & Ors.

.... Respondents Ms. Priyanka Bhanushali, h/f. Mr. K.R. Parekh, for the Applicant. Mr. R.G. Lad, i/by Mr. R.V. Govilkar, for the Respondent-Original Appellant.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 28 TH SEPTEMBER 2016.

P.C. :

1.

The office note shows that, as per the order passed by this Court on 26th August 2016, learned counsel for the applicant has undertaken to file affidavit-of-service within two weeks. However, no such affidavit-of-service is filed. Conversely, according to the office note, respondent No.1(c) has already expired on 24th September 2012.

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2.

In view thereof, the learned counsel for the applicant is directed to take necessary steps within a period of three weeks from today, failing which this Civil Application will stand dismissed for default. 3.

In the event, the necessary steps are taken by learned counsel for the applicant to bring on record legal heirs of deceased respondent No.1(c) within the stipulated time, this Civil Application be placed for hearing on 19th October 2016.

[DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 CAA-380-16.doc