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Bombay High CourtCAS/960/2018disposed off

Smt. Savubai Shankar Dalvi (D/H) v. Smt. Akkatai @ Laxmibai Dadu Dalvi And ANR

2023-01-02Hon'Ble Shri Justice Madhav J. Jamdar2 pages

69-CAS-960-2018.doc Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.960 OF 2018 IN SECOND APPEAL (ST) NO.29732 OF 2014 Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2023.01.02 18:21:09 +0530 ARJUN VITTHAL KUDHEKAR Smt. Savubai Shankar Dalvi ...Applicant/ Since Deceased through Legal Heirs Appellant Shri. Suresh Shiva Dalvi V/s.

Smt. Akkatai @ Laxmibai Dadu Dalvi & Anr. ...Respondents Ms. Harvinder Kaur Rogi h/f Mr. Abhijit M. Adagule, for the Appellant.

Ms. Bhagyashri Ranade i/b S. C. Mangle, for Respondent No. 2.

CORAM : MADHAV J. JAMDAR, J.

DATE : 2nd JANUARY, 2023 P.C.:

1.

Heard learned counsel appearing for the Applicant and learned counsel appearing for Respondent No. 2. 2.

This Civil Application is taken out for setting aside order dated 7th January, 2017 passed by Registrar (JudicialII), by which, the Civil Application was dismissed against Respondent No.1, as Respondent No. 1 has remained unserved. It is stated in the Civil Application that address of

69-CAS-960-2018.doc Respondent No.1 has changed.

3.

The Civil Application is allowed in terms of prayer clauses (a), (b) and (c).

4.

The Applicant to serve the Respondent No.1 on the fresh address.

(MADHAV J. JAMDAR, J.)