Shaikh Afzal Shaikh Budhan v. Shivaji Nivrutti Ghodke

1 8501.2018CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

912 CIVIL APPLICATION NO. 8501 OF 2018 IN SA/381/2011 SHAIKH AFZAL SHAIKH BUDHAN .. Applicant

VERSUS

SHIVAJI NIVRUTTI GHODKE ..Respondent ...

Advocate for Applicant : Shri Ajit D. Kasliwal ...

CORAM : P.R. BORA, J.

Dated: August 02, 2018 PER COURT :

1.

Heard Shri Kasliwal, the learned Counsel appearing for the applicant. The learned Counsel brought to my notice that, even earlier the respondent was required to be served by paper publication. It is further brought to my notice that, in the said public notice, it was clearly averred that, the matter may be finally disposed of at the admission stage in pursuance of the order passed by this Court. However it appears that, thereafter the matter could not be taken for hearing and subsequently by order passed on 14 th September, 2017, the matter has been admitted. It is, therefore, expedient that, the respondent is served again. In view of the fact that, earlier also the public notice was required to be served, the prayer made by the applicant in the present application to serve the respondent by

2 8501.2018CA.doc way of public notice is granted in terms of prayer clause 'B'. Returnable date be mentioned in the notice as 06.09.2018. Civil Application stands disposed of 2.

Stand over to 06.09.2018.

(P.R. BORA, J.) ggp