1)Smt.Malhanbai W/O Roshan Tadvi ... vs Bhikan Sandu Tadvi, Died Thr. ...
2021 Latest Caselaw 10658 Bom

                                        1             117-cra-47-2016.doc



             IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                        BENCH AT AURANGABAD

                CIVIL REVISION APPLICATION NO. 47 OF 2016


 Smt Malhanbai Roshan Tadvi and others           ... Applicants
        Versus
  Bhikan Sandu Tadvi (Died)
 Through Lrs
 1. Husen Bhikan Tadvi and others                ... Respondents
                                 ....
 Mr. A. S. Jadhav, Advocate h/f Mr. P. R. Katneshwarkar, Advocate for
 applicants
 Mr. Ravindra D. Bhamare, Advocate h/f Mr. A. G. Talhar, Advocate
 for respondent Nos. 1, 3 to 5
                                 ....

                                    CORAM : R. G. AVACHAT, J.

DATED : 09th AUGUST, 2021

PER COURT :-

. This revision application is pending since long i.e. 2016.

Respondent No.2 is reported to be dead. No steps have been taken to

bring on record his legal representatives. The order under challenge

in this revision application is the order setting aside the judgment

and decree passed in Regular Civil Suit (R.C.S.) No.98 of 1991 as it

was passed exparte. The said order was passed in an application

moved under Order 9 Rule 13 of the Code of Civil Procedure.

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                                       2            117-cra-47-2016.doc

2. Since the matter deserves to be heard on merits by the

trial Court and the applicants herein have received the amount of

cost imposed by the trial Court under the impugned order and for

long the steps have not been taken, this Civil Revision Application is

disposed of with a direction to the trial Court to decide the suit on its

own merits expeditiously.

[ R. G. AVACHAT, J. ]

SMS

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