Allowed

Vishnu Ramchandra Kulkarni L.Rs. Tilottama Vishnu Kulkarni and Ors. v. Jambha Raoji Bhil L.Rs. Bhimabai Jambha Bhil and Ors.

Bombay HC5 Jan 2023CA/1256/2012

Case brief

AI extract

What is this about?

The High Court allowed an application for restoration of a previously dismissed delay condonation order. The court permitted amendment of the cause title to include fresh addresses of non-appearing respondents and directed service of notice. Case disposed of.

What did the court decide?

Application allowed. Civil Application No. 8860 of 2009 restored against respondents. Leave to amend cause title granted. Direction to serve respondents by private notice.

Vishnu Ramchandra Kulkarni L.Rs. Tilottama… — Civil Procedure and Limitation | Bombay HC (2023)

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1-CA-1256-2012-SAST-7544-2009.odt

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Pooja K.

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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CIVIL APPLICATION NO. 1256 OF 2012 IN SECOND APPEAL (ST) NO. 7544 OF 2009

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Vishnu Ramchandra Kulkarni (died) Thr LRs Tilottama Vishnu Kulkarni and Ors. … Applicants Versus Jambha Raoji Bhil (died) Thr LRs Bhimabai Jambha Bhil and Ors. … Respondents

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Mr. D.P. Palodkar – Advocate for Applicants

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Ms. Pallavi Wangikar h/f. Mr. R.V. Gore – Advocate for Respondent Nos.1-A and 1-B

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CORAM : GAURI GODSE, J. DATE : 5^th January, 2023

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PER COURT :

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This Civil Application is filed by the applicants praying for restoration of delay condonation application against the respondent nos.1-C and 1-F. By order dated 1^st April, 2010 passed in Civil Application No. 8860 of 2009, applicants were granted conditional time to take steps to serve respondent nos.1C and 1-F, however the applicants had not taken steps. Hence, the Civil Application stood dismissed against respondent nos.1C and 1-F.

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In the present application in paragraph no.4 the applicants have provided fresh addresses of the respondent nos.1-C and 1-F for

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1/2

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1-CA-1256-2012-SAST-7544-2009.odt

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issuing notice to them.

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In such circumstances, present Civil Application is allowed in terms of prayer clause ‘B’ and Civil Application No. 8860 of 2009 is restored against respondent nos.1-C and 1-F.

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Applicants are granted leave to amend cause title of Civil Application No. 8860 of 2009 for adding the correct addresses of respondent nos.1-C and 1-F.

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Amendment to be carried out within a period of one week from today.

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After amendment is carried out, office to issue fresh notice in Civil Application No. 8860 of 2009 to respondent nos.1-C and 1-F on the amended fresh addresses.

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In addition to the Court notice, applicants are directed to serve respondent nos.1-C and 1-F by private notice and file service affidavit to that effect before next date, failing which the application shall stand dismissed against respondent nos.1-C and 1-F.

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Notice is made returnable on 16^th February, 2023.

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The Civil Application is disposed of in above terms.

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[ GAURI GODSE, J. ]

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Vishnu Ramchandra Kulkarni L.Rs. Tilottama Vishnu Kulkarni and Ors. v. Jambha Raoji Bhil L.Rs. Bhimabai Jambha Bhil and Ors.

Case brief

What is this about?

What did the court decide?

Vishnu Ramchandra Kulkarni L.Rs. Tilottama Vishnu Kulkarni and Ors. v. Jambha Raoji Bhil L.Rs. Bhimabai Jambha Bhil and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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