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Bombay High CourtCA/8964/2025admittedallowedgrantedrule absolute

Sangita Ganesh Pakolu And Others v. Balasaheb Nagnath Badgire And Others

2025-09-18Hon'Ble Shri Justice Abhay S. Waghwase2 pages

2025:BHC-AUG:25361 957-CA-8964-2025 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 957 CIVIL APPLICATION NO. 8964 OF 2025 IN/WITH FIRST APPEAL NO. 1731 OF 2022 SANGITA GANESH PAKOLU AND OTHERS

VERSUS

BALASAHEB NAGNATH BADGIRE AND OTHERS ...

Advocate for Applicant : Mr. Anand Dale h/f Mr. Swapnil S. Rathi Advocate for Respondent No.2 : Mr. M. R. Deshmukh ...

CORAM :

ABHAY S. WAGHWASE, J.

DATED :

18 SEPTEMBER 2025 PER COURT :- 1.

By this application, prayer is put forth to recall the order passed by learned Registrar (Judicial) dated 02.01.2024 dismissing the First Appeal for want of steps against the respondent no.1. 2.

Learned counsel for the applicants submits that, notice of respondent no.1 was returned unserved as not found on the given address. The address respondent no.1 was taken from the record of the trial court and the same address also reflects on the vehicle registration papers. He further submits that, now detail address of respondent no.1 is mentioned in the title clause of the application, and prays to restore the First Appeal against respondent no.1 by recalling the above order passed by learned Registrar (Judicial) and to re-issue notice to respondent no.1 on the address mentioned in the title clause of the present application.

957-CA-8964-2025 -23.

In view of the above submissions and the reasons mentioned in the application, the application is allowed in terms of prayer clauses [B] and [C]. The application is accordingly disposed off. 4.

Re-issue notice to respondent no.1, returnable on 03.11.2025. [ABHAY S. WAGHWASE, J.] vre