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Bombay High CourtCA/10996/2018disposed offdismissed for default

Kamalbai Babita Ramrao Patil v. Sumanbai Tukaram Kshirsagar And Others

2018-08-24Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION (ST.) NO. 25423 OF 2018 IN CIVIL APPLICATION NO. 11733 OF 2017 IN WP/10446/2015 KAMALBAI BABITA RAMRAO PATIL

VERSUS

SUMANBAI TUKARAM KSHIRSAGAR AND OTHERS ...

Mr. G.N. Chincholkar, Advocate for applicant Mr. R.A. Karwa, Advocate h/f Mr. R.F. Totala, Advocate for respondent no.3 Mr. S.P. Tiwari, AGP for respondent-State ...

CORAM : SUNIL P. DESHMUKH, J.

DATE : 24-08-2018 ORDER :

1.

For the reasons contained in the application, specially having regard to averments in paragraph no.4, civil application (st.) no. 25423 of 2018 is allowed in terms of prayer clause (B) and is disposed of.

2.

Learned counsel for respondent no.3 states that notice seeking withdrawal of appearance sent to respondent no. 3, has been returned with a postal acknowledgment that the person concerned had not been present.

3.

In the circumstances, issue notice in civil application no. 11733 of 2017 to respondents no. 1, 3 and 4, returnable on 21-09-2018.

4.

Additionally, the applicant/petitioner is at liberty to serve respondents no.1, 3 and 4, privately by any legally acceptable private mode of service and file affidavit along with tangible proof to that effect before returnable date. [SUNIL P. DESHMUKH] JUDGE arp/