Vijay Uttamrao Kapde v. Shaikh Gulam Nabi S/O Gulam Ahmed And ORS

1 907 ca 14955-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 CIVIL APPLICATION NO.14955 OF 2022 IN FA/3495/2019 VIJAY UTTAMRAO AAPDE

VERSUS

SHAIAH GULAM NABI S/O GULAM AHMED AND ORS ...

Advocate for Applicant : Mr. A. R. Lukhe h/f Mr. A. S. Shelke Advocate for Respondent No.3 : Ms. Rohi H. Dahat ....

CORAM :

SANDIPAUMAR C. MORE, J.

DATED : 24/11/2022.

P. C. :

1.

Heard rival submissions.

2.

The application is fled for setting aside order dated 18/03/2021 by which this court had dismissed the appeal against respondent No. 1 & 2. However, it appears thereafter that despite such order another civil application for issuing notice to respondent No.1 by paper publication was moved. Though the said application is allowed on 10/11/2022 but at the relevant time the learned counsel for the applicant did not point out the order dated 18/03/2021 whereby the appeal against respondent No.1 was dismissed. This is not a fair practice on the part of the learned counsel for appellants. However, to correct the technical mistake, the dismissal order dated 18/03/2021 at least against respondent No.1 needs to be set aside. As such, following order is passed.

2 907 ca 14955-22 ORDER :

1.

The application is partly allowed and the order dated 18/03/2021 is set aside only to the extent of respondent No.1.

2.

The civil application is accordingly disposed of. ( SANDIPAUMAR C. MORE, J. ) VS Maind/-