Yashodabai Bhikaji Thosar And ANR v. The Union Of India Thr The G.M. Central Railway, C.S.T. Mumbai And ANR

(1) C. A. No. 16508 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

CIVIL APPLICATION NO. 16508 OF 2015 IN FA/28/2013 Smt. Yashodabai Bhikaji Thosar & another Vs.

The Union of India & another .........................

Mr. M.M. Bhokarikar, Advocate, for applicants. Mr. M.N. Navandar, Advocate, for non-applicant no.1. ..........................

CORAM : A.M. BADAR, J.

DATE : 18TH DECEMBER 2015 PER COURT :

1.

Heard.

2.

It is seen that the appeal as against respondent no.2 came to be dismissed in default as no steps were taken to serve respondent no.2. 3.

Shri Bhokarikar, the learned Counsel appearing for applicants prays for setting aside the said order.

4.

The prayer in the present Civil Application is to permit service on respondent no.2 through paper publication. However, that can

(2) C. A. No. 16508 of 2015 be done only after failure to serve respondent no.2 by way of usual mode of service.

5.

Hence order of dismissal of the appeal as against respondent no.2 is set aside on condition that the appellants should take effective steps to serve respondent no.2 through the Court process as well as Registered Post (A.D.) simultaneously.

6.

The Civil Application is disposed of in the aforesaid terms. ( A.M. BADAR ) JUDGE ................................

puranik / CA16508.15