Mahemood Ahmed Jameel Ahmed v. Subhash Ramkishan Ambhore And Others

ca12836.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 12836 OF 2015 IN FAST/18780/2015 WITH CA/12837/2015 IN FAST/18780/2015 MAHEMOOD AHMED JAMEEL AHMED

VERSUS

SUBHASH RAMKISHAN AMBHORE AND OTHERS ...

Advocate for Applicant : Mr. Patel Sameer F.

Mr. Andhale Sandip R Adv For Resp 1 To 3 .....

CORAM : K.L.WADANE, J.

DATED : 19th September, 2017 O R D E R :

Heard learned counsel appearing for respondent nos. 1 to 3, who submits that respondent no.3 died long back. In spite of several opportunities, the appellant failed to take necessary steps to bring legal representatives of respondent no.3 on record. 2.

On perusal of the record, it appears that on 24.2.2017 the applicant was directed to bring the legal representatives of respondent no.3 on record. The matter was posted on 24.3.2017. On 24.3.2017 again time was granted to take the steps. Then, the matter was posted on 21.4.2017.

ca12836.15 On 9.6.2017 the applicants were directed to take steps against unserved respondents within a period of four weeks and the matter was posted on 7.7.2017.

Again on 7.7.2017 the applicant/appellant has not taken steps to serve unserved respondents. Thus, from the record, it appears that in spite of several opportunities the appellant failed to take the steps to serve the unserved respondents.

3.

Hence, Civil Application as well as First Appeal are dismissed in default.

4.

In view of above, pending Civil Applications, if any, stand disposed of.

(K.L.WADANE, J.) dbm