Bombay High CourtCAW/238/2015dispossed offdismiss for default

Harish Tejkaran Purohit And 3 Others v. Chandanal Budhram Sahare

2015-09-22Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.W. NOS.239/2015, 238/2015 & 240/2015 IN WRIT PETITION NO.367/2006 Harish Tejkaran Purohit and others ..Versus..

Chandanlal Budhram Sahare and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.M. Pande, Advocate for the applicants/petitioners. CORAM : Z.A. HAQ, J.

DATE : 22.9.2015 This Court by the order dated 25th August, 2015 directed issuance of notice of the civil applications to the legal representative of respondent no.6. Shri R.M. Pande, learned advocate for the petitioners submits that as per the Article Tracking Report of India Post downloaded by him, it is shown that the notices are served on the legal representative of respondent no.6 on 9th September, 2015. None appears for the legal representative of respondent no.6.

Accepting the statement made on behalf of the petitioners that the notices are served and accepting the statements made in the applications which are not controverted, delay in filing the application for bringing the legal representative on the record is condoned, the abatement is set aside and the petitioners are permitted to substitute the name of legal

2 caw239.15 representative of respondent no.6, whose details are given in paragraph no.2 of Civil Application No.240/2015.

The Civil Application Nos.239/2015, 238/2015 and 240/2015 are allowed accordingly. As the writ petition is of 2006, list the petition for final hearing on 8th October, 2015.

The petitioners shall inform the legal representative of respondent no.6 about this order by speed post acknowledgment due and file an affidavit on the record of the petition on the next date. WRIT PETITION NO.367/2006.

The petitioners are permitted to carry out the amendment as per the order passed by the learned Registrar (J.) on 4th February, 2015. JUDGE Tambaskar.