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Bombay High CourtCA/2738/2021disposed off

Ashok Shahu Darkase v. Manisha Shivaji Pujari And Others

2021-02-24Hon'Ble Shri Justice R. G. Avachat2 pages

1 935-ca-2738-2021.doc

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2738 OF 2021 IN WRIT PETITION NO. 6043 OF 2020 Ashok Shahu Darkase ... Applicant

Versus

Manisha Shivaji Pujari and others ... Respondents ....

Mr. S. V. Gundre, Advocate for the applicant ....

CORAM : R. G. AVACHAT, J.

DATED : 24th FEBRUARY, 2021 PER COURT :- .

Vide order dated 02.11.2020 the conditional order was passed that in case, failure to take steps to serve the unserved respondents within a period of three weeks, the petition shall stand dismissed against those respondents without reference to the Court. 2.

Since the petitioner failed to take steps as directed, the petition stood dismissed against respondent Nos. 1 to 5. The petitioner has now moved this application for recall of the said order. 3.

For the reasons given in the application and in the interest of justice, the application is allowed in terms of prayer clauses [B] and [C].

2 935-ca-2738-2021.doc 4.

Issue notice to the respondents in writ petition, returnable on on 24th March, 2021.

5.

In addition to the Court process, the petitioner is permitted to serve the respondents by any of the recognised modes. 6.

Hamdust allowed.

[ R. G. AVACHAT, J. ] SMS