Shriram Arjunrao Madne v. Shivaji Baburao Kale And Others

CA-4685.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 4685 OF 2015 IN WRIT PETITION NO. 3314 OF 2014 Shriram S/o Arjunrao Madne ... Applicant

Versus

Shivaji S/o Baburao Kale and others ... Respondents ----- Mr. R. D. Biradar, Advocate for petitioner CORAM :

SUNIL P. DESHMUKH, J.

9TH OCTOBER, 2015 ORDER:

1.

Learned counsel for the applicant states that initially, notices were issued to the respondents and were served privately as well as through court process, however, none of them appeared in the matter.

2.

Subsequently, looking at the subject matter, the court had reissued notices referring to that the matter would be taken up for disposal at admission stage and accordingly, notices were issued, however, no steps could be taken within granted time and as such the matter stood dismissed against the respondents.

CA-4685.15 3.

Having regard to aforesaid, I deem it appropriate that civil application be considered favourably.

4.

In view of the same, order dated 14-10-2014 stands recalled. Petition stands restored to its position as was subsisting as on 14-10-2014. Petitioner-applicant to serve the respondents within a period of eight weeks privately as well as through court process, communicating that the matter would be taken up for final disposal.

5.

Civil application stands allowed in terms of prayer clause (B) and disposed of.

SUNIL P. DESHMUKH, J.

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