Shri. Vinayak Vilas Shinde And Ors vs Shri. Keru Ganpat Marne Adn Ors
2017 Latest Caselaw 6239 Bom

                                                                 (902) CAW1824-14


Sarnobat
                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIVIL APPELLATE JURISDICTION

                             CIVIL APPLICATION NO. 1824 OF 2014
                                          IN
                               WRIT PETITION NO. 9498 OF 2011
                                            AND
                               WRIT PETITION NO. 9498 OF 2011

      Shri Vinayak Vilas Shinde, & Ors.                              .. Petitioners
            Vs.
      Shri Keru Ganpat Marne, & Ors.                                 .. Respondents


      Ms. Aditi Naikore I/b P. J. Thorat, Advocate for the Petitioners.
      Ms. Sayali Bhaidkar, Advocate for the Respondent No. 1.


                                          CORAM : M. S. SANKLECHA, J.

DATE : 16th AUGUST, 2017.

P. C. :

1. This application Is taken out for setting aside the order dated

16th January, 2016 passed by the Registrar (Judicial-1). By the impugned

order dated 16th January, 2014 the petitioners were granted six weeks time

to serve respondents no. 4 to 8, failing which, writ petition would stand

dismissed against them.

2. For the reasons set out in the application, I am satisfied that

the petition came to be dismissed against respondent nos. 4 to 10 for no

fault on the part of the petitioners. Accordingly, the civil application is

allowed in terms prayer clause (a) and (b) . The petitioners shall serve the

petition upon respondent nos. 4 to 10 within two weeks from today.

(902) CAW1824-14

3. This writ petition is of the year 2011. This court by an order

dated 14th December, 2011 had issued notice to respondents and granted

ad-interim stay to the proceedings before the trial court. The petition is

kept for consideration on 4th September, 2017 by that time the petition will

be served upon respondent nos. 4 to 10.

4. Hamdast is permitted. The petitioners should also serve upon

all the respondents by private notice by the accepted mode of service and

file affidavit of service by next date i.e. 4 th September, 2017. Respondent

no. 1 waives service.

5. As the petition is of the year 2011, it is kept for admission on

4th September, 2017.

[ M. S. SANKLECHA, J. ]