Sushila Appasaheb Warale And ORS v. Naina S. Mutha And ORS

ca6171.18 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 18 CIVIL APPLICATION NO.6171 OF 2018 IN FA/1276/2005 SUSHILA APPASAHEB WARALE AND ORS

VERSUS

NAINA S. MUTHA AND ORS ...

Advocate for Applicants : Mr. Uday S Malte Advocate for Respondent No.4: Mr. A.B. Gatne Advocate for Respondent No.5 : Mr. S.G. Chapalgaonkar .....

CORAM : SANDIPKUMAR. C. MORE, J.

DATED : 12th SEPTEMBER, 2022 PER COURT:- 1.

Heard.

2. The applicants-original claimants are seeking setting aside the order dated 12.8.2008 whereby the appeal was dismissed against respondent No.1 truck owner, after a gap of approximately nine years. The learned counsel for respondents strongly opposed the application. However, in the interest of justice, the opportunity needs to be given to the applicants for serving respondent No.1. 3.

In view of the same, the application is hereby allowed in terms of prayer clauses "B", "C" and "D" and the order of dismissal against respondent No.1 is hereby set aside.

(SANDIPKUMAR. C. MORE, J.) rlj/