Dilip Wenunath Gawhale v. Kacharu Baburao Lohokare And Others

917-CA-12978-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO. 12978 OF 2018 IN SA/285/2015 DILIP WENUNATH GAWHALE

VERSUS

KACHARU BABURAO LOHOKARE AND OTHERS ....

Advocate for Applicant : Mr. P.B. Shirsath Advocate for Respondent Nos. 3, 5 to 7,13, 15, 16 : Mr. P.C. Mayure Advocate for Respondent No.14 : Mr. Mobin Shaikh h/f Mr. V.R. Dhorde ....

CORAM : V.L. ACHLIYA, J.

DATED : 17th OCTOBER, 2018 PER COURT:- 1.

Learned counsel for the applicant submits that due to impression, the applicant was carrying on the basis of order dated 31.07.2018 that the service is completed, he overlooked the office objection that, "Advocate has not supplied copies for issuing notices to respondent nos.2A to 2C, 9A, 18A to 18B". He submits that the applicant is ready to take necessary steps and in the larger interest, the order of dismissal of appeal passed in consequence of the order dated 24.08.2018.

2.

Considering the submission advanced and the readiness shown on the part of the applicant-appellant to comply with the order, the application is allowed in terms of prayer clauses 'B' and 'C' on condition that the applicant-appellant shall take necessary steps to serve the unserved respondents within two weeks.

3.

On furnishing copies, the notice be issued to unserved respondents, making it returnable on 12.12.2018. ( V.L. ACHLIYA ) JUDGE SPR