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Bombay High CourtCA/5236/2015admittedallowedgrantedrule absolute

Arunabai Dashrath Abhale v. Chandu Shamrao Gangurde Lrs Shantabai Lrs Nandabai And Others

2017-07-03Hon'Ble Shri Justice Nitin W. Sambre2 pages

5236.15ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5236 OF 2015 IN SECOND APPEAL NO. 353 OF 2010 Sau. Arunabai w/o Dashrath Abhale Age: 60 years, Occ: Household, Residence - 1990, Maharashtra Housing board colony, Satpur, Dist. Nashik.

..APPLICANT

VERSUS

Shri. Chandu Shamrao Gangurde, since deceased, His L.R. is already on record as respondent No. 6 Shantabai Shamrao Gangurde & ors ..RESPONDENTS Mr H.V. Tungar, Advocate h/f C.R. Deshpande, Advocate for applicant;

Mr R.R. Patil, Advocate for respondent Nos.3 & 4; Mr R.C. Patil, Advocate for respondent Nos.7 to 9 CORAM : N.W. SAMBRE, J.

DATE : 3rd JULY, 2017 ORAL ORDER :

Delay stands condoned, since respondent No.6 is reported to be dead, whose legal heirs are already on record and no steps are warranted to effect the service on the said respondents.

5236.15ca (2) 2.

So far as respondent Nos. 2 & 5 are concerned, issue fresh notice to the said respondents on the address mentioned in the cause title of the application, returnable on 7th August, 2017. In addition to court process, respondent Nos. 2 & 5 be served through R.P.A.D.

3.

If steps are not taken as ordered above, the matter shall stand dismissed against the said respondents without further reference to the Court. 4.

Civil Application stands disposed of.

(N.W. SAMBRE, J.) Tupe