Qayyum Khan Peer Khan And Others v. Janabai Shankar Jadhav Died Lrs Babi And Others

1 CA 11998-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 11998 of 2017 WITH CIVIL APPLICATION NO. 15698 of 2016 IN SECOND APPEAL NO. 396 of 1999 Qayyum Khan Peer Khan and others ...PETITIONERS

VERSUS

Janabai Shankar Jadhav and others ...RESPONDENTS Mr N.C. Garud , Advocate for petitioners.

Mr S.P. Chapalgaonkar, Advocate for respondents No. 1 to 3 Mr S.B. Gorde Patil, Advocate for Resp.No.2 CORAM : NITIN W. SAMBRE, J.

DATE :22nd September, 2017 ORAL ORDER :

It is informed that even before the Court below, respondent No.1/f was served through paper publication. Even in Civil Application No. 11537 of 2015 in Second Appeal, for bringing legal representatives

2 CA 11998-2017 of respondent No.1, respondent No.1/f was served through paper publication.

2.

In view thereof, though inspite of paper publication respondent No.1 is not appeared before this court. As such, it has to be presumed that service of respondent No.1/f is complete, as no fresh notice after addition of 1/f as party respondent to the Second Appeal, is required. Objection, as such, waived.

3.

Application stands disposed of in above terms. ( NITIN W. SAMBRE, J.) pjm.