Gopalkrushna Ganpat Gulve Died Thr. Lrs Sindhu Gopalkrushna Gulave And ORS v. Bhalchandra Ganpat Tembhurnikar And ORS

32-CA-941-2022 Pooja K.

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 941 OF 2022 IN CIVIL REVISION APPLICATION NO. 186 OF 2013 Gopalkrushna Ganpat Gulve (died) Thr LRs Sindhu Gopalkrushna Gulve and Ors.

... Applicants

Versus

Bhalchandra Ganpat Tembhurnikar and Ors.

... Respondents ...

Mr. V.S. Bedre - Advocate for Applicants ....

CORAM : GAURI GODSE, J.

DATE : 17th January, 2023 PER COURT :

1.

This application is filed for setting aside the order dated 5th August, 2021 by which revision application stood dismissed against respondent no.2D.

2.

This application is filed within time. It is stated in the application that, in spite of taking efforts applicants could not serve respondent no. 2D on its correct address hence, it is necessary to serve respondent no.2D by substituted service. 3.

Considering the reasons given in the application, application is 1/2

32-CA-941-2022 allowed in terms of prayer clause 'B', which reads as under : "B) To set-aside the order passed by the learned Registrar by its order dated 5th August, 2021 dismissing the revision as against the respondent no.2D i.e. Devendra Arun Deolalikar in the interest of justice."

and Civil Revision Application is restored as against respondent no.2D.

4.

In view of the reasons given in the paragraph nos.5 and 6 of the application, prayer clause 'C' is allowed which reads as under : "C) to issue notice to the respondent no.2D i.e. Devendra Arun Deolalikar through paper publication in daily Ahmednagar Ghadamodi, Ahmednagar Edition in the interest of justice." 5.

Necessary steps to be taken for substituted service within four weeks from today.

6.

Civil Application is disposed of in above terms. [ GAURI GODSE ] JUDGE 2/2