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Bombay High CourtCA/12320/2018admittedallowedgrantedrule absolute

Chanda Sameer Hingne v. Sameer Dhondiram Hingne

2018-11-30Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

985-ca-12320-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12320 OF 2018 IN MISC CIVIL APPLICATION NO. 21 OF 2018 CHANDA SAMEER HINGNE

VERSUS

SAMEER DHONDIRAM HINGNE ...

Advocate for the Applicant : Shri A. A. Mukhedkar ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 30th NOVEMBER, 2018.

...

PER COURT :

1.

MCA No. 21/2018 was dismissed by this Court since effective steps to serve the respondent were not taken by the applicant. The conditional order dated 24/08/2018 led to the dismissal of the MCA.

2.

Despite service through paper publication, the respondent husband has not appeared in this matter. I have perused the copy of the newspaper which is placed on record. 3.

This Civil Application is allowed. MCA No. 21/2018 is restored at the stage on which it was dismissed and, therefore,

985-ca-12320-18.odt the ad interim protection granted earlier would continue and HMP No. A-236/2017 shall be stayed.

4.

Since MCA No. 21/2018 has been restored, issue fresh notice to the respondent, returnable on 18/01/2019. The applicant shall have the said notice published in Marathi Daily 'Sakal', Latur Edition, at least fifteen (15) days prior to the returnable date in this matter and a copy of the newspaper would be placed on record.

(RAVINDRA V. GHUGE, J.) shp/-