Bombay High CourtCA/10922/2019disposed offdismissed for default

Alkabai Atmaram Joshi And ORS v. Vijay Budho Koli And ANR

2019-12-10Hon'Ble Shri Justice V.L. Achliya2 pages

10992.19CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO.10922 OF 2019 IN FIRST APPEAL STAMP NO.952 OF 2012 ALKABAI ATMARAM JOSHI & OTHERS

VERSUS

VIJAY BUDHO KOLI & ANOTHER ...

Advocate for Applicants : Mr.M.M.Bhokarikar Advocate for Respondent no.2 : Mr.A.A.Puranik h/f.Mr.Avinash S.Deshpande ...

CORAM : V.L.ACHLIYA,J.

DATE : 10.12.2019 PER COURT:

1] This application is filed seeking recall / setting aside the order of dismissal passed against the respondent no.1 on account of failure to take steps to serve respondent no.1.

2] On due consideration of the submissions advanced and taking into consideration the order of dismissal resulted into serious consequences to the applicants, who are claimants in Claim Petition, I am of the view that application deserves to be allowed. Accordingly, the order of dismissal passed against the respondent no.1 is set

10992.19CA.odt aside. Appeal/Application is restored as against respondent no.1.

3] Learned counsel for the applicantsappellants is directed to serve respondent no.1 by Registered Post Acknowledgment Due or any other legally permissible mode and file the affidavit of service on next date.

4] List the Civil Application No.1382 of 2012 on 31st January, 2020.

[V.L.ACHLIYA] JUDGE DDC