Shantilal Bhagwandas Sidodiya And ORS v. Mohd. Yusuf Khan Mohd Iqbal Khan And ORS

2024:BHC-AUG:521-DB

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13120 OF 2023 IN FIRST APPEAL NO.272 OF 2017 Shantilal s/o Bhagwandas Sidodiya & ors. ... APPLICANTS

VERSUS

Mr. Mohammad Yusuf Khan Iqbal Khan & ors.

... RESPONDENTS .......

Mr. P.P. Patil, Advocate holding for Mr. A.S. Bajaj, Advocate for applicants Mr. M.R. Deshmukh, Advocate for respondent No.3 .......

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE :

10th JANUARY, 2024 O R D E R :

Heard. Learned Registrar (Judicial) dismissed the appeal against respondents No.1 and 2 on account of the appellants' failure to take steps within time to serve them with notice of the appeal. In the interest of justice, we set aside the Registrar's order and allow the application in terms of prayer clause (B). List the appeal on 31st January 2024.

2.

The applicants/ appellants to take appropriate steps for service of notice of the appeal to the respondents No.1 and 2 on or before the next date.

(NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) fmp/-