Mr. Rajbihari Pathak v. Smt.Shardadevi Ramkhilavan Pathak

5 caf 735-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 735 OF 2015 IN FIRST APPEAL NO. 363 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Ashish Mehta with Nikhil Mallelwa for the applicant.

CORAM : K. K. TATED, J.

DATED : 11/08/2015.

P.C.:

.

Heard learned Counsel for the applicant.

This Application is for restoration of First Appeal no. 363 of 2013 against respondent nos. 8 and 9, which was dismissed in view of conditional order dated 25.07.2014 passed by the learned Registrar (Judicial-II) for not taking appropriate steps against unserved respondents.

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 case for allowing the present Civil Application.

Sneha Chavan 1/2

5 caf 735-15=.doc Hence, the following order:

a) Order dated 25.07.2014 passed by the learned Registrar (Judicial-II) is set aside. b) First Appeal no. 363 of 2013 is restored against respondent nos. 8 & 9.

c) Applicant to take appropriate steps for service on respondent nos. 8 & 9 within four weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

d) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2