Shantilal Raghunath Ohal v. Laxmibai Dagadu Sasane And ORS

12208.19CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 954 CIVIL APPLICATION NO.12208 OF 2019 IN SA/331/2014 SHANTILAL RAGHUNATH OHAL

VERSUS

LAXMIBAI DAGADU SASANE AND ORS ...

Advocate for Applicant : Ms.A.S.Jadhav, Advocate holding for Mr.P.R.Katneshwarkar ...

CORAM : V.L.ACHLIYA,J.

DATE : 11.10.2019 PER COURT:

1] Heard. Perused the Application.

2] The application is allowed in terms of prayer clause 'B'. Fresh notices be issued to the respondent nos.1, 9 and 10 as per the address furnished, making notice returnable on 29.11.2019.

3] Hamdust is permitted.

4] In addition to notice through the process of Court, the applicant is permitted to serve the respondent nos.1, 9 and 10 by Registered Post Acknowledgment Due or any other legally permissible mode and file the affidavit of service by the returnable date.

12208.19CA.odt 5] Civil Application is disposed of in above terms.

6] Learned counsel for the applicants submits that the deceased respondent no.8 is the father of the plaintiff and defendant no.7. She further submits that during course of trial of the suit as well as the appeal, the deceased respondent no.8 shown to be dead. She, therefore, submits that no steps needs to be taken as against respondent no.8 as the name of respondent no.8 is shown in the memo of Appeal as per the name appearing in the judgment and order of the First Appellate Court. In that view, no steps be taken in respect of respondent no.8.

[V.L.ACHLIYA] JUDGE DDC