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Bombay High CourtCAW/1874/2022rejected

Shaikh Imam S/O Shaikh Kasam v. Paradise Co-Operative Tenants Ownership Housing Society Ltd. Akla Thr. President And Others

2022-08-29Hon'Ble Shri Justice Avinash G. Gharote2 pages

2908 WP 237 of 2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.237/2020 Shaikh Imam s/o Shaikh Kasam ...Versus...

Paradise Co-operative Tenants Ownership Housing Society Limited, Akola through its President and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri C.A. Joshi, Advocate for petitioner Shri Z.Z. Haq, Advocate h/f Shri A.R. Deshpande, Advocate for respondent nos.4 to 7 CORAM : AVINASH G. GHAROTE, J.

DATE : 29/08/2022 1.

Shri Joshi, learned counsel for the petitioner submits that the respondent no.3 was served in the Trial Court on the address given in the cause-title of the writ petition. However, since the respondent no.3 is no more, it is contended that his legal representatives are also residing in the same place.

2.

The bailiff report speaks otherwise that the legal representatives are not residing at the residence of the respondent no.3, considering which, the petitioner to place on record the correct addresses of the legal representatives of the

2908 WP 237 of 2020.odt respondent no.3, within a period of two weeks from today for service. In case the correct addresses are placed on record, issue notice to the proposed legal representatives of the respondent no.3, returnable in two weeks. In case the same is not done, the writ petition shall stand dismissed against the proposed legal representatives of the respondent no.3. without further reference to the Court.

CIVIL APPLICATION (CAW) NO.1874/2022 1.

This is an application for service by paper publication upon the proposed legal representatives of the respondent respondent no.3.

2.

Considering the above position, the civil application is rejected.

(AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR