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Bombay High CourtWP/5409/2024dismissed

Smt. Heena @ Sarita W/O Chandraprakash Godhani v. Smt. Kamla Wd/O Kanhaiyalal Bachwani And Others

2024-09-12Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 17 wp 5409-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.

OF 20 (Mst. Heena @ Sarita w/o Chandraprakash Godhani Vs. Smt. Kamla wd/o Kanhaiyalal Bachwani 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 S.D. Kalyani, Advocate for Petitioner.

CORAM : A NIL S. KILOR , J.

DATED : SEPTEMBER 12 , 20 .

1.

Heard.

2.

The learned Counsel for petitioner submits that though in the body of the plaint, the pleadings are made in respect of the proposed parties to be added, however, their names were not mentioned in the title clause and as such they were wrongly not made defendants and for that purpose, the application under Order I Rule 10 of the Code of Civil Procedure, moved which came to be erroneously rejected.

3.

Issue notice for final disposal to the respondents, returnable on 03/10/2024.

4.

The petitioner is permitted to serve the respondents by private mode, in addition to regular mode of service, including service on the lawyer appearing before the trial Court and file affidavit of service by next date, failing which the petitioner shall deposit costs of Rupees Five

2 17 wp 5409-2024 Hundred with High Court Legal Services Sub-Committee, Nagpur.

5.

The office objections, if any, be removed before the returnable date.

JUDGE R.S. Sahare Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 12/09/2024 15:15:56