Laxmibai Dileep Dhekale And Others v. Vilas Nathu Gaikwad And ORS

1 ca-5120-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 53 CIVIL APPLICATION NO. 5120 OF 2015 IN FAST/950/2012 LAXMIBAI DILEEP DHEKALE ANDO RS

VERSUS

VILAS NATHU GAIKWAD AND ORS ...

Advocate for Applicants : Mr. Madhav M. Bhokarikar Advocate for Respondent No. 3 : Mr. P.P. Bafna (Absent) Advocate for Respondent No 6 : Mr. S.V. Kulkarni ...

CORAM : K.K. SONAWANE, J.

DATED : 21st AUGUST, 2017.

Order :- 1.

Heard.

The applicants moved present application seeking restoration of appeal against respondents No. 1 and 4, which came to be dismissed for want of prosecution. There is delay in filing the application for recalling the order of dismissal passed against respondents No. 1 and 4. The learned counsel for respondent No. 6 fairly conceded that the suitable order may be passed in the interest of justice. 3.

For the reasons stated in the application, I do not find any impediment to recall the order of dismissal of appeal against respondents No. 1 and 4 with liberty to the applicants to serve notice to these respondents privately in addition to court process. Hence, application stands allowed. The delay stands condoned. The Order dated 19-10-2012 passed by this Court is hereby recalled. The appeal is restored to its original position as against respondents No. 1 and 4.

2 ca-5120-15 4.

Re-issue notice to respondents No. 1 and 4 on the given addresses.

5.

In addition to court process, applicants shall serve respondents No. 1 and 4 privately by any legally acceptable mode and file affidavit along with tangible proof of service.

6.

The civil application stands disposed of accordingly. [ K. K. SONAWANE ] JUDGE MTK