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Bombay High CourtIA/7906/2024allowed

Babu Farid Jamdar Since Deceased His Legal Heirw v. Ismail Farid Jamadar Since Deceasec His Legal And ORS

2025-06-24Hon'Ble Ms. Justice Gauri Godse3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

vai CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 83 OF 1982 VASANT ANANDRAO IDHOL WITH CIVIL APPLICATION NO.345 OF 2015 WITH CIVIL APPLICATION NO.856 OF 2010 VASANT ANANDRAO IDHOL Date: 2025.06.26 11:00:17 +0530 WITH INTERIM APPLICATION NO.7907 OF 2024 WITH INTERIM APPLICATION NO.7906 OF 2024 WITH INTERIM APPLICATION NO.6555 OF 2024 WITH INTERIM APPLICATION (ST.) NO.1453 OF 2025 Babu F. Jamadar (since deceased) through L.Rs. & Ors.

... Appellants / Applicants vs.

Ismail F. Jamadar (since deceased) through L.Rs. & Ors.

... Respondents Mr.Pravin Patil for the Appellants/Applicants. Mr.Bhushan S. Jadhav for Respondent Nos.3/1, 3/3, 3/4 and 3/5.

Mr.Tejpal Ingale with Ms.Vrunali Vilankar for Respondent Nos.4, 5 and 6.

Mr.Vaibhav Patankar (through V.C.) for Respondent No.2/A. Page no. 1 of 3

CORAM : GAURI GODSE, J.

DATED : 24th JUNE 2025 ORDER:

1.

Learned counsel appearing for the proposed Respondent Nos.3/1, 3/3, 3/4 and 3/5 waives service. As per office remark, notice issued to Respondent No.3/2 is still awaited.

2.

Learned counsel for the Applicants submits that private service is effected on Respondent No.3/2 and he will file service affidavit. Learned counsel for the Applicants has tendered service affidavit effecting private service upon Respondent No.3/2. Service affidavit is taken on record. 3.

Office is directed to verify the service report of Court notice upon Respondent No.3/2 by making necessary telephonic enquiry from the concerned Court. Office to verify whether any bailiff report regarding service upon Respondent No.3/2 is submitted in this Court.

4.

Since the Respondents in Interim Application (St.) No.1453 of 2025 is yet to be served, list this matter on 08.07.2025 in the caption of "prioritized cases." Page no. 2 of 3

5.

In the meantime, learned counsel for the Appellants shall verify the record to find out whether all other Respondents in Civil Application No.345 of 2015 are served. (GAURI GODSE, J.) Page no. 3 of 3