Shaikh Ajaj Bathir v. Rajiyabee Sikandar Shaikh And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2210 OF 2018 (Shaikh Ajaj Bathir Vs. Rajiyabee w/o Sikandar Shaikh and others) IN CIVIL APPLICATION NO.4641 OF 2017 IN SECOND APPEAL ST.NO.5520 OF 2017 Mr.Y.L.Bidve, Advocate for the applicant.

( CORAM : RAVINDRA V. GHUGE, J.) DATE : 23/02/2018 PER COURT :

1.

The applicant was defendant No.4 before the Trial Court in RCS No.187/2005. Since he was unconnected with the dispute put forth in the suit, he did not appear in the matter. The Gram Sevak was arrayed as defendant No.4 and as such the applicant personally does not have any nexus with the dispute raised in the suit. He, therefore, prays for deletion from the second appeal.

2.

None present for the contesting respondent No.1 / plaintiff. Learned Advocate for the applicant makes a statement that Mr.S.A. Gaikwad has been served with the copy of this civil application on behalf of respondent No.1.

3.

Considering the above, this civil application is allowed in terms of prayer clause "B".

( RAVINDRA V. GHUGE, J.) khs/FEB.2018/2210-d