Khutubuddin Mamtaj Patel v. Shakarbi Amin Pathan And ANR

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3983 OF 2017 IN FIRST APPEAL NO.117 OF 2012 Khutubuddin Mamtaj Patel .... Applicant In the matter between Khutubuddin Mamtaj Patel .... Appellant V/s.

Shakarbi Amin Patan and Ors.

.... Respondents Mr. Umesh H. Pawar for the Applicant.

Mr. Bhushan A. Walimbe for Respondent No.1.

CORAM

: DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 17 TH OCTOBER, 2018.

P.C. :

1.

Heard Mr. Pawar, learned counsel for the Applicant, and Mr. Walimbe, learned counsel for Respondent No.1. 2.

It is submitted that, the notice of this Appeal was served to Respondent No.2 by substituted service by way of paper publication in the local newspaper on 29th September 2011; however, inadvertently, the Appeal came to be dismissed for default against Respondent No.2 for non-service of notice.

1/2 6-CAF-3983-17==.doc

3.

In view thereof, this Civil Application is allowed. The order of dismissing the Appeal against Respondent No.2 is set aside and as despite service of notice, Respondent No.2 has not appeared, Appeal to proceed ex-parte against Respondent No.2.

4.

Appeal be placed for admission as per C.M.I.S. date. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 6-CAF-3983-17==.doc