1)Smt.Malhanbai W/O Roshan Tadvi And Others v. Bhikan Sandu Tadvi, Died Thr. Lrs,1)Husen S/O Bhikan Tadvi And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 47 OF 2016 Smt Malhanbai Roshan Tadvi and others ... Applicants

Versus

Bhikan Sandu Tadvi (Died) Through Lrs

1. Husen Bhikan Tadvi and others ... Respondents ....

Mr. A. S. Jadhav, Advocate h/f Mr. P. R. Katneshwarkar, Advocate for applicants Mr. Ravindra D. Bhamare, Advocate h/f Mr. A. G. Talhar, Advocate for respondent Nos. 1, 3 to 5 ....

CORAM : R. G. AVACHAT, J.

DATED : 09th AUGUST, 2021 PER COURT :- .

This revision application is pending since long i.e. 2016. Respondent No.2 is reported to be dead. No steps have been taken to bring on record his legal representatives. The order under challenge in this revision application is the order setting aside the judgment and decree passed in Regular Civil Suit (R.C.S.) No.98 of 1991 as it was passed exparte. The said order was passed in an application moved under Order 9 Rule 13 of the Code of Civil Procedure.

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Since the matter deserves to be heard on merits by the trial Court and the applicants herein have received the amount of cost imposed by the trial Court under the impugned order and for long the steps have not been taken, this Civil Revision Application is disposed of with a direction to the trial Court to decide the suit on its own merits expeditiously.

[ R. G. AVACHAT, J. ] SMS