Anna Bhau Hounje,Deceased His L.R'S 1a.Adinath Anna Hounje And ORS v. 1.Shri Anna Appa Chougule And ORS.

ppn 1 11.cas 1900-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1900 OF 2015 IN SECOND APPEAL NO.764 OF 2011 Anna Bhau Hounje (Since deceased, ..

through his Lrs - 1A Adinath Anna Hounje, and Ors.

..

Applicants Vs.

Anna Appa Choughule and Ors.

..

Respondents --- Mr. Anilkumar Patil, AGP for the applicants.

Mr.Ajay Joshi for respondent nos.1, 2 and 4.

Mr.Shyamsunder Solanki i/b Mr. Pratap Patil for the respondent nos.3,4B and 4D.

--- CORAM : R.D. DHANUKA, J.

DATE : 14th January 2016 P.C.

.

By this civil application, the applicant seeks setting aside the order dated 22nd October 2015 passed by the learned Additional Registrar (Judicial-II) dismissing the second appeal for not removing the office objections.

2.

In view of non-compliance of the conditional order passed by the learned Additional Registrar (Judicial-II), the second appeal has been dismissed.

3.

Mr.Patil, learned AGP appearing for the applicant states that the steps would be taken to serve the respondent no.4C within three weeks from today. Statement is accepted.

ppn 2 11.cas 1900-15.doc 4.

For the reasons recorded in the civil application, civil application is made absolute in terms of prayer clauses (a) to (d). 5.

The order dated 22nd October 2015 passed by the learned Additional Registrar (Judicial-II) is set aside on the condition that the applicant shall take steps to serve the respondent no.4C within three weeks from today.

6.

It is made clear that if the steps are not taken to serve the respondent no.4C within three weeks from today, second appeal shall stand dismissed against the respondent no.4C without further reference to the Court.

7.

Civil application is disposed of in aforesaid terms. No order as to costs.

R.D. DHANUKA, J.