Mr.Danial Namdev Pandhare v. Tejaswini Kishor Bhandare And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO.32273 OF 2016 IN CIVIL APPLICATION NO.630 OF 2013 IN SECOND APPEAL NO.1179 OF 2005 Danilal Mahadev Pandhare and others ...

Applicants versus Tejaswini Kishor Bhandare and others ...

Respondents Mr.Amit Sale for the Applicants in both Civil Applications. Mr.Tushar Pimple for the Appellant No.1-A.

None for the Respondents.

CORAM: S.J. KATHAWALLA, J.

DATE: 23rd JUNE, 2017 P.C.:

1.

The above Civil Application is taken out for the following relief. "(a) This Hon'ble Court be pleased to allow this application and thereby recall the order dated 14.03.2014 passed by the Registrar (Judicial-II) and restore the aforesaid Civil Application No.630 of 2013 for its disposal on merits. (b) This Hon'ble Court be pleased to condone the delay of two years and 248 days occurred in filing the present Civil Application in the facts and circumstances of the case." 1/3

2.

In the said Civil Application No.630 of 2013, the Registrar (Judicial-II) has passed an order dated 14.03.2014, which is reproduced hereunder :

"The Advocate has not taken steps to serve the Respondent Nos.1 to 3 since long. Four weeks time is granted for taking steps as regards Respondent Nos.1 to 3, failing which matter shall stands dismissed as against the Respondent Nos.1 to 3."

3.

The learned Advocate for the Applicant pointed out that by his letter dated 09.04.2014 he has forwarded new addresses of the Respondents and requested the Registrar (Judicial-II) to direct the office to issue fresh notices to the Respondents at the said addresses. He submits that the office has lost sight of the said letter and instead dismissed the abovesaid Civil Application No.630/2013, pursuant to the order dated 14.03.2014. The Advocate for the Applicant is correct in his submission that the office ought not to have treated the Civil Application No.630/2013 as dismissed for non-compliance of the order dated 14.03.2014, but instead ought to have issued fresh notice to the Respondents at the addresses set out in the letter of the Advocate for the Applicant dated 09.04.2014. In view thereof, the above Civil Application is allowed in terms of prayer clauses (a) and (b) which are reproduced hereinabove.

2/3

4.

The Civil Application Stamp No.32273 of 2016 is accordingly disposed off.

5.

The Civil Application No.630/2013 shall be forthwith served on the Respondents on the new addresses furnished by the Advocate for the Applicant by the court office and also through private service by the Advocate for the Applicant. Stand over to 18.07.2017, first on board. ( S.J.KATHAWALLA, J. ) 3/3