A single judge of the Bombay High Court, Aurangabad Bench, allowed a miscellaneous civil application after finding service on the respondent and noting the respondent's failure to appear. The court held this in view of the applicant's hardship and convenience.
Allowed the misc. civil application in terms of prayer clause (B).
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(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
MISC. CIVIL APPLICATION NO. 68 OF 2017
Sulbha w/o Dattatraya Waghmare, Age: 33 years, Occu: Household, R/o, C/o Prakash s/o Maruti Bansode, Near D. Pharm College, Barshi Naka, Subhedar Ramaji Ambedkarnagar, Osmanabad, Dist. Osmanabad
..APPLICANT
VERSUS
Dattatraya s/o Vilas Waghmare, Age: 38 years, Occu: Service, R/o Kauthali, Tal. Uttar Solapur, Dist. Solapur, At present S.R.P. Group-18, Satara Parisar, Aurangabad, Dist. Aurangabad
..RESPONDENT
Mr S. B. Choudhari, Advocate for applicant
CORAM : N.W. SAMBRE, J. DATE : 18th July, 2017
ORAL ORDER
Seen affidavit of service of non-applicant filed by applicant. Service of non-applicant is complete.
the aforesaid reasons of non-appearance of the non-applicant, Misc. Civil Application stands allowed in terms of prayer clause (B).
(N.W. SAMBRE, J.)
sjk
1 issue framed by the court
Whether the misc. civil application should be allowed in view of service of non-applicant and non-appearance of respondent
Sulbha w/o Dattatraya Waghmare
Dattatraya s/o Vilas Waghmare
N. W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
