This is a list matter where the applicant failed to secure service of notice on the respondent who was unserved. Consequently, the miscellaneous civil application stands dismissed without adjudication on merits due to non-service.
The Miscellaneous Civil Application is dismissed due to failure to serve the respondent after previous notice.
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2023:BHC-AS:34912
63-MCA-189-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
MISCELLANEOUS CIVIL APPLICATION NO.189 OF 2023
NILAM RAJKUMAR KHANDEKAR)...APPLICANT
V/s.
RAJKUMAR SHIVAJI KHANDEKAR)...RESPONDENT
None for the Applicant and Respondent.
CORAM:ABHAY AHUJA, J.
DATE:10th NOVEMBER, 2023
P.C. :
1. On 20th October, 2023 following order was passed :
“1.None for the Applicant. The remark column in the cause
list indicates that the notice issued to the Respondent has been
returned unserved with the Bailiff remark “Not residing at given
address since 2 years back. Now residing at Mumbai, but detailed
address not found.” Also remark column records that no affidavit
of service has been filed till date.
2. Let the Applicant take steps to serve the Respondent by the next date, failing which this Court will consider dismissing the application.
3. List on 10th November, 2023.”
2. Accordingly, Miscellaneous Civil Application stands dismissed.
(ABHAY AHUJA, J.)
KSG 1/1
Nilam Rajkumar Khandekar
Rajkumar Shivaji Khandekar
Abhay Ahuja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court