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Bombay High CourtCA/4804/2017disposed offdismissed for default

Pushpa Santosh Mundada And ORS v. Surjeet Singh And ANR

2017-07-26Hon'Ble Shri Justice P.R. Bora1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO. 4803 OF 2017 IN FAST/31676/2012 WITH CA/4804/2017 IN FAST/31676/2012 PUSHPA SANTOSH MUNDADA AND ORS

VERSUS

SURJEET SINGH AND ANR ...

Advocate for Applicants : Mr.Bhokarikar Madhav M Mr.M. M. Ambhore, Adv., for R/2.

...

CORAM : P.R. BORA, J.

Dated: July 26, 2017 ...

PER COURT :- 1.

Learned Counsel appearing for the applicant undertakes to take all necessary steps to serve respondent no.1. 2.

Learned Registrar has dismissed the appeal against respondent no.1 for want of steps to be taken by the appellant to serve the said respondent. In view of the fact that now the appellant has undertaken to serve respondent no.1 by all possible modes, the order dated 24.9.2013 of dismissal passed by the learned Registrar against respondent no.1 is set aside. The Appeal stands restored against respondent no.1. Civil Application No.4803/2017 stands allowed and disposed of.

3.

For the reasons stated in Civil Application No.4804/2017, the application, seeking publication of notice to respondent no.1, is allowed in terms of prayer clause (b). Delay, if any, in filing the application is condoned. S.O. after six weeks. ( P.R. BORA, J. ) agp/-