Ashokkumar Nandlal@Girdharilal Maliwal And ORS v. Jaswantsing Pyarasingh Sikh Thr Lrs

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.9557/2009 903 CIVIL APPLICATION NO. 9557/2009 IN FA/129/2007 ASHOKKUMAR NANDLAL @ GIRDHARILAL MALIWAL AND ORS

VERSUS

JASWANTSING PYARASINGH SIKH THR LRS ...

Advocate for applicants : Mr. S P Shah AGP for Respondents:Mr. G.R.Ingole Advocate for Respondent no.2 :Mr.P.S.Agrawal Advocate for Respondent No.5 :Mr. S.A.Patil Advocate for Respondent no.8, 18, 19 & 20 :Mr. S.S.Deshmukh. Advocate for Respondent no.6, 9,10,14,16, 17, 13A to 13C: Mr. S.S.Thombre.

Advocate for respondent No.7: Mr.M.V.Deshpande Advocate for respondent no.11: Mr. V.D.Patnurkar Advocate for respondent no.12: Mr. S.V.Kurundkar Advocate for respondent no.15: Mr. G.G.Suryawanshi. ...

CORAM : R. M. BORDE & P.R. BORA, JJ.

Dated: January 16, 2015 ...

PER COURT :- 1.

This is an application tendered by the appellant for effecting service on respondent Nos.1A, 1B, 1C by alternate mode of service and for setting aside the order passed by the Registrar on 30.6.2009, directing deletion of names of concerned respondents on account of failure of the applicants to serve them. 2.

Considering the contentions raised in the application, the application deserves to be allowed and the same is accordingly allowed.

agp/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.9557/2009 3.

The order passed by the Registrar dated 30.6.2009 is quashed and set aside. The applicants are permitted to serve respondent nos. 1A, 1B, 1C by alternate mode of service i.e. by publishing notice in daily newspaper Lokmat having circulation at Aurangabad. Notice be published within a period of three weeks from today and the applicant shall produce proof of service by 2nd of March, 2015.

Civil Application is allowed.

First Appeal be listed for final disposal in the week commencing from 9th March, 2015.

( P.R. BORA, J. ) ( R. M. BORDE, J. ) ...

agp/-