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Bombay High CourtCA/2321/2019admittedallowedgrantedrule absolute

Jemabai Makdya Valvi (Dead) Lrs Shabribai Madhukar Valvi v. Kotubai Dava Valvi (Dead) Lrs Sagubai And Others

2019-03-20Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 CIVIL APPLICATION NO.2321 OF 2019 IN CA/15014/2017 JEMABAI MAKDYA VALVI (DEAD) LRS SHABRIBAI MADHUKAR VALVI

VERSUS

KOTUBAI DAVA VALVI (DEAD) LRS SAGUBAI AND OTHERS ...

Advocate for Applicant : Mr. Ambilwade Saisagar A. Advocate for Respondents No.3A to 3D: Mr. R. S. Wani. ...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 20-03-2019.

PER COURT :

1.

Present application has been filed by applicant for restoration of Civil Application No.15014 of 2017 in Second Appeal (Stamp) No.33142 of 2017.

2.

The applicant is directed to supply fresh address of the unserved respondents within stipulated period, however the applicant could not produce it within the time granted by this Court, and therefore, could not remove the office objections. Under such circumstance, the matter itself was treated as disposed of.

3.

It is also stated that, applicant received the address of

CA 2321-2019 respondent No.1/C after the time was granted by this Court and now she is supplying the same.

4.

Now respondent No.1/C is served at the given address but she failed to appear. Under such circumstance in the interest of justice, the application deserves to be allowed in terms of prayer Clause 'B' and disposed of accordingly.

(SMT. VIBHA KANKANWADI) JUDGE vjg/-.