Shankar Rakhmaji Dhangar And ANR v. Udhav Ganpat Waghe

1 C.A. 13431.2009 in S.A.St. 4700.2006

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13431 OF 2009 IN SECOND APPEAL STAMP NO. 4700 OF 2006 Shankar Rakhmaji Dhangar & Ors.

V E R S U S Udhav Ganpat Waghe (dead) L.Rs. & Ors.

.....

CORAM : T.V.NALAWADE, J.

DATE : 16th OCTOBER, 2015 ORDER :- 1.

Seen the office note and the service report.

It appears that respondents No. 1-C and 1-D refused to accept the notice by contending that their names were not correctly mentioned in the notice, when the serving officer had approached them. In view of the circumstances, matter is heard ex-parte against them. Respondent No. 1-A and 1-B are duly served, but they did not appear.

2.

The application is filed for condonation of delay and for bringing the legal representatives of respondent No. 1 on record.

2 C.A. 13431.2009 in S.A.St. 4700.2006 3.

In view of the contentions and submissions made, the application is allowed. Delay is condoned. Legal representatives of respondent No. 1 are allowed to be brought on record. Amendment to be carried out forthwith.

4.

List the Second Appeal for admission purposed on 02/12/2015.

[T.V.NALAWADE, J.] KNP/C.A. 13431.2009 in S.A.St. 4700.2006