1 N.747.04.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 747 OF 2004 IN SUIT NO. 1616 OF 1981 P.P. Sukumar and Anr. ... Plaintiffs. V/s. Ramesh Chandra Dutta & Ors. ... Defendants. Mr. Ajay Panicker i/b. Ajay Law Associates for the Plaintiffs. Ms. K.R. Daviervala i/b. Mulla& Mulla & CBC for Defendant 2. CORAM : R.Y. GANOO, J. DATED : 18th OCTOBER 2010. P.C. :- Learned Counsel for the Plaintiffs states that so far as Defendant No.2 is concerned, decree is passed on 6th October 2003 and the same is being executed by filing Execution Application No.134 of 2004. He further submitted that looking to the nature of the decree, the Notice under Order XXI Rule 34 of C.P.C. was required to be taken out. Record shows that such a Notice was taken out. Affidavit of service dated 8th October 2005 is filed. Defendant No.2 was served with such a Notice as packet has come back unclaimed. 2. Heard learned Counsels for the Plaintiffs and Defendant No.2. Notice under Order XXI Rule 34 is required to be made absolute. Accordingly, Notice is made absolute. There shall be no order as to costs. (R.Y. GANOO, J.)