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Bombay High CourtCA/5927/2012disposed offdismissed for default

Dr Raosaheb Jijaba Anbhule v. Navalmal Shobhachand Gandhi, Died Thr. L.Rs. Sonabai And ORS

2017-08-02Hon'Ble Shri Justice Nitin W. Sambre2 pages

ca5927.12 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5927 OF 2012 IN SECOND APPEAL NO. 420 OF 2005 Dr.Raosaheb Jijaba Anbhule ..APPLICANT

VERSUS

Navalmal Shobhachand Gandhi deceased, thr. L.Rs. & ors.

..RESPONDENTS Mr S.D. Kulkarni, Advocate for applicant;

Mr V.S. Bedre, Advocate for respondents No.2-A and 2-B CORAM : N.W. SAMBRE, J.

DATE : 2nd August, 2017 ORAL ORDER This is an application for re-calling order of dismissal of appeal against respondent no.2 on 13th April, 2010, setting aside abatement and condonation of delay in bringing legal representatives of respondent no.2 on record.

2.

None appears on behalf of respondents no.2-C and 2-D though duly served through paper publication.

3.

For the reasons disclosed in the civil application, application stands allowed subject to payment of costs of Rs.2,000/- to the High Court Bar Library within a period of two weeks from today, failing which the order of dismissal of appeal against respondent no.2 shall hold the field.

ca5927.12 (2) 4.

Appropriate amendment be carried out within one week thereafter. Civil Application stands allowed in terms of prayer clauses (A), (B), (C) and (D).

(N.W. SAMBRE, J.) amj