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Bombay High CourtCA/3519/2018disposed offdismissed for default

Purushottam Supdu Sonar And Others v. Janardhan Supdu Sonar And Others

2018-07-30Hon'Ble Shri Justice P.R. Bora2 pages

1 1677.2018CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

33 CIVIL APPLICATION NO. 1677 OF 2018 IN CA/11012/2017 WITH CA/1678/2018 IN CA/12376/2017 WITH CA/3518/2018 IN CA/1678/2018 WITH CA/3519/2018 IN CA/1677/2018 PURUSHOTTAM SUPDU SONAR AND OTHERS ..Applicants

VERSUS

JANARDHAN SUPDU SONAR AND OTHERS ..Respondents ...

Shri Praveen B. Gamot, Advocate for Applicants Shri A.T. Kanawade, Advocate, h/f. Shri N.E. Deshmukh & Shri Ketan B. Sonar, Advocate for Respondent No.1 ...

CORAM : P.R. BORA, J.

Dated: July 30, 2018 PER COURT :

1.

Heard the learned Counsel for the applicants. In the present matter, on 20.11.2017 the following order was passed by this Court.

"Issue fresh notice to respondents no.2-A and 2-B, returnable on 8th January, 2018. Service be completed by all available modes, failing which the application shall stand dismissed, without further reference to the Court."

2.

Since the notices were not served within stipulated time, the matter stood automatically dismissed by virtue of the aforesaid order. The learned Counsel submitted that, the applicant undertakes to serve respondent nos.2-A and 2-B by

2 1677.2018CA.doc private mode of service and has also prayed for issuance of the notice through Court. It is further contended that, the said respondents are residing on the same address as is given in the application.

3.

In view of the submissions so made, Civil Application No.11012 of 2017 stands restored to its original file. 4.

Civil Application Nos.1677 of 2018, 1678 of 2018, 3518 of 2018 & 3519 of 2018 stand disposed of. 5.

Stand over after 2 weeks.

( P.R. BORA, J. ) ggp