Application allowed permitting service of notice on respondent no.3 by publication in Punyanagari and names of respondents 4-8 deleted from appeal.
Permission to publish notice in Punyanagari; names of respondent nos.4 to 8 deleted.
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1 FA392-20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
FIRST APPEAL NO. 392/2020
(LEELADEVI MANGILALJI JAIN (D) THR. LR’s VINOD MANGILAL JAIN & OTHERS VERSUS ANIRUDDHA LAXMANRAO PALKAR & OTHERS)
Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.
Shri R.L. Khapre, Senior Advocate with Shri M.R. Joharapurkar, counsel for the appellants.
Shri V. V. Bhangde, counsel for the R-1.
CORAM : A. S. CHANDURKAR AND G.A. SANAP, JJ.
D ATED : 08TH DECEMBER, 2021 .
C.A.F. NO. 2504/2021 .
By this application, the applicants-appellants seek permission to serve the respondent no.3 in the present appeal who is also the respondent no.2 in First Appeal No.607 of 2018 by having the notice published in the area where the said respondent last resided. The details in that regard are mentioned in paragraph 3 of the civil application.
In view of aforesaid, the application is allowed in terms of Prayer Clause (i). The applicants to take necessary steps to have the notice published by 12.12.2021 in daily ‘Punyanagari’ circulated in Nasik District. The applicants are permitted to carry Hamdast of the order. The notice may indicate that the appeal could be taken for hearing on 16.12.2021.
The application is disposed of.
C.A.F. NO. 2505/2021 .
Considering the reasons mentioned in the application, the names of respondent nos.4 to 8 are permitted to be deleted at the risk of the appellants.
The civil application is disposed of.
APTE
Signed By: Digitally signed byROHIT DATTATRAYA APTE Signing Date:08.12.2021 16:44
2 issues framed by the court
Whether permission to serve notice by publication is grantable for respondent no.3.
Whether names of respondent nos.4 to 8 can be deleted at the risk of appellants.
Leeladevi Mangilalji Jain (D) Thr. LR's Vinod Mangilal Jain & Others
Aniruddha Laxmanrao Palkar & Others
A. S. Chandurkar
G. A. Sanap
As recorded by the court registry
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