Sarojabai Upendra Kamuni And ORS v. Sahadev Mahadev Bhosale And ORS (Deleted)

Sherla V.

caf.3975.2015_prodn.1.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3975 OF 2015 IN CIVIL APPLICATION NO.398 OF 2012 IN FIRST APPEAL ST. NO.681 OF 2012 Smt.Sarojabai Upendra Kamuni & Ors.

... Applicants Vs.

Sahadev Mahadev Bhosale & Ors.

... Respondents Mr.A.B. Tajane for the Applicants CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 8th DECEMBER, 2015 P.C.:

1.

Not on Board. Upon mentioning, taken on Board. 2.

This Civil Application is filed for restoration of Civil Application No.398 of 2012, which was filed for condonation of delay of 7 years and 288 days in filing the First Appeal. It is also prayed that the delay of 1 year and 11 months in filing the present Civil Application be condoned. 3.

It appears that an objection was raised in respect of service on respondent No.2 and it was necessary to serve respondent No.2 by publication, however, the applicant was to take necessary steps to that effect of seeking permission from the Court for substituted service. The said application was dismissed on 1.10.2013 by the conditional order of 1 / 2

caf.3975.2015_prodn.1.doc Registrar (Judicial) for non-removal of office objections. It is, therefore, prayed that the said order of the Registrar (Judicial) be recalled and the application for condonation of delay i.e., Civil Application No.398 of 2012 be restored to its file.

4.

Heard. For the reasons stated in the Civil Application, the Civil Application is allowed in terms of prayer clause (b). Delay in filing the Civil Application is condoned. The applicants are permitted to serve the respondent No.2 by publication in the daily newspaper Samna, as prayed for. Civil Application No.398 of 2012 is restored to file. 5.

Issue notice to the respondents in the Civil Application No.398 of 2012, returnable on 19.1.2016. The applicants to produce a copy of the notice by publication.

(MRIDULA BHATKAR, J.) 2 / 2