Allowed

Shri. Deepak Maruti Surve and Ors. v. Shri. Hemant Kumar Gopinath Haldavnekar and Ors.

Bombay HC10 Jan 2023IA/9/2023

Case brief

AI extract

What is this about?

Interim application for restoration of a second appeal to its original file after it was dismissed due to unserved respondents. Application allowed, setting aside the dismissal order.

What did the court decide?

Interim application allowed; order dated 20th June 2022 set aside; applicant granted six weeks to serve respondents and file affidavit of service.

Shri. Deepak Maruti Surve and Ors. Vs Shri. Hemant Kumar Gopinath Haldavnekar and Ors. — Bombay HC (2023) — LawSathi Research

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51-ia-9-2023 in sa-593-2015.doc

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Pallavi

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.9 OF 2023 IN

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SECOND APPEAL NO.593 OF 2015

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Shri Deepak Maruti Surve and Anr.… Applicants
In the matter between

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Shri Deepak Maruti Surve and Anr.… Appellants

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 Versus

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Shri Hemant Kumar Gopinath Haldavanekar and Ors.… Respondents

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Mr. S.P. Shetye, for the Appellants/Applicants.

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CORAM : MADHAV J. JAMDAR, J. DATED : 10^th JANUARY 2023

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P.C.:

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1. Heard learned counsel appearing for the Applicants.

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2. This Interim Application is taken out for restoration of Second

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Appeal to its original file. The said Second Appeal has been dismissed
against un-served Respondents by order dated 20th June 2022 passed

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by the learned Registrar (Judicial-II).

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3. The Second Appeal was dismissed by conditional order of learned Registrar (Judicial-II), by which four weeks time was granted to serve the un-served Respondents, failing which the registration of

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51-ia-9-2023 in sa-593-2015.doc

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Pallavi

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the Second Appeal was refused.

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4. Learned counsel appearing for the Applicants states that the

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Second Appeal is not yet admitted.

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5. Applicants to serve the un-served Respondents within a period

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of six weeks and file affidavit of service before the next date.

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6. In view of above, the Interim Application is allowed in terms of prayer clauses (a) and (b) by setting aside the order dated 20^th June 2022 passed by the learned Registrar (Judicial-II).

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7. The Interim Application is disposed of in above terms with no

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order as to costs.

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[MADHAV J. JAMDAR, J.]

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Shri. Deepak Maruti Surve and Ors. v. Shri. Hemant Kumar Gopinath Haldavnekar and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Deepak Maruti Surve and Ors. v. Shri. Hemant Kumar Gopinath Haldavnekar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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