Laxmanbhai Mohanbhai Patel Died Thr Lrs Jayaben Late Laxmanbhai Patel And Another v. K.P.Netesan Pumalay And ORS.

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2957 OF 2016 IN FIRST APPEAL NO. 1367 OF 2012 Laxmanbhai Mohanbhai Patel Deceased through LRs Applicants

Versus

K.P. Netesan Pumalay & others Respondents Mr. Ladda, advocate holding for Mr. R.M. Sharma, advocate for applicants.

CORAM : M.S. SONAK, J.

DATE : 22nd JANUARY, 2018 PER COURT:

1.

Applicants have already filed application for service upon unserved respondents by way of publication. Though such civil application was taken out in the application seeking restoration, now when the appeal is restored, such application is treated as application made in the main appeal itself.

2.

Accordingly, leave is granted to serve respondents 1, 2 and 4 by publication in the newspapers referred to by the applicants in paragraph no 4 of the application.

3.

For the aforesaid purpose, returnable date shall be 12th March, 2018.

4.

Applicant to file affidavit of service alongwith copies of paper

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5.

It is made clear that if no steps are taken, the appeal shall stand dismissed for non prosecution without further reference to the Court.

6.

Civil Application stands disposed of.

( M.S. SONAK, J. ) dyb