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Bombay High CourtCAW/7/2017admittedallwdgrantedrule absolute

Shri. Champalal S/O Motilalji Taori v. Mohan S/O Maluram Agrawal And Others

2017-01-04Hon'Ble Shri Justice P.B. Varale1 pages

1 0401caw7.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAW) NO. 07 OF 2017 IN WRIT PETITION (WP) NO. 4077 OF 2015 (Champalal Motilalji Taori .v. Mohan Maluram Agrawal and others) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders.

Shri R.M. Sharma, Advocate for the applicant/petitioner. Shri S.K. Bhoyar, Advocate for respondent No.1. Shri S.B. Bissa, AGP for respondent No.4.

CORAM :

PRASANNA B. VARALE, J.

04TH JANUARY, 2017.

Heard.

It is submitted in the application that though by order dated 01st March, 2016, notice was issued to the respondents, the respondent No.2 could not be served for want of correct address. It is further submitted that the respondent No.2 was the original defendant and is formal party and not contesting party. It is also submitted that the name of respondent No.2 be deleted from the array of respondents as the respondent No.2 is only formal party and not contesting party.

In view of the statement made in the application, the application is allowed in terms of its prayer clause at the risk of the petitioner. Necessary correction be carried out within a period of one week from today.

JUDGE *rrg.