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Bombay High CourtCA/33/2010admittedallowedgrantedrule absolute

Sayed Hasonoddin Sd. Ali And ANR v. Chandrakumar Venkatidas Choudhari And ORS

2016-01-11Hon'Ble Shri Justice T.V. Nalawade1 pages

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 51 CIVIL APPLICATION NO. 33 OF 2010 IN FA/259/2000 SAYED HASONODDIN SD. ALI AND ANR

VERSUS

CHANDRAKUMAR VENKATIDAS CHOUDHARI AND ORS ...

Advocate for Applicants : Shri S.G.chapalgaonkar Advocate for Respondent No. 2 : M.S. Kotate Advocate for Respondent No. 3 : R.F. Totala Advocate for Respondent No. 4 : J.R. Shaikh ...

CORAM : T.V. NALAWADE, J.

DATED : 11th January, 2016.

PER COURT :

1.

The application is filed for setting aside the order of dismissal made against respondent No. 1. Notice could not be served on respondent No. 1 as he was not residing on given address. In view of the submissions made and contents of the application, the application is allowed. The order of dismissal is set aside. Amendment is to be carried out immediately in the appeal memo. Notice is to be issued to respondent No. 1 through paper publication made returnable on 26.2.2016. Charges are to be deposited before 22.1.2016.

[ T.V. NALAWADE, J. ] ssc/