1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLICATION NO.: 15016 OF 2010 IN APPEAL FROM ORDER NO.: 88 OF 2010 Nizamsab S/o Talabsab Bagwan [deceased through LRs. Smt. Lalbee Nizamsah Bagwan and others Versus Karimsab S/o Ismailsab Bagwan and others. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CIVIL APPLICATION NO.: 15016 OF 2010 IN APPEAL FROM ORDER NO.: 88 OF 2010 *** Nizamsab S/o Talabsab Bagwan [deceased through LRs. Smt. Lalbee Nizamsah Bagwan and others Versus Karimsab S/o Ismailsab Bagwan and others. *** Mrs. Madhavashwari D. Thube-Mhase, Advocate for the Applicants. Mr. Y. B. Pathan, Advocate and Mr. M. M. Mulla Advocate for Respondent No.2-C. *** CORAM: K. U. CHANDIWAL, J. DATED: 9th DECEMBER, 2010. 1. Heard. Pursuant to permission to serve the Respondent by paper publication, learned counsel Mr. Y. B. Pathan appears for Respondent No.2-C Nabi. He undertakes to file Vakalatnama for Respondent Nos. 2A, 2B, 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLICATION NO.: 15016 OF 2010 IN APPEAL FROM ORDER NO.: 88 OF 2010 Nizamsab S/o Talabsab Bagwan [deceased through LRs. Smt. Lalbee Nizamsah Bagwan and others Versus Karimsab S/o Ismailsab Bagwan and others. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 2D, 2E and 2F. He has no instructions for other Respondents. The notices to respondent Nos.1 and 4 could not be served, as is apparent. Paper publications are caused. Newspaper is tendered in the office. Since, inspite of paper publication, no appears from Respondent Nos.1 and 4, the application to proceed in their absence. 2. The non-availability of address of Respondent Nos.1 and 4 inspite of bast efforts to trace the address, should not come to the shoulder of the petitioner. It is pertinent the legal representatives of Respondent No.2 Ismailsab are closely related to Respondent Nos.1 and 4, however, they are also not in a position to furnish the address of Respondent Nos.1 and 4. In the situation, the conditional order of dismissal for 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLICATION NO.: 15016 OF 2010 IN APPEAL FROM ORDER NO.: 88 OF 2010 Nizamsab S/o Talabsab Bagwan [deceased through LRs. Smt. Lalbee Nizamsah Bagwan and others Versus Karimsab S/o Ismailsab Bagwan and others. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. effecting the service, is recalled. The proceedings are restored to original position, so far as Respondent Nos.1 and 4 are concerned. Application allowed, as above. The learned counsel for the Petitioner shall additionally send notices to Respondent Nos.1 and 4 by registered post A.D. On the original address referred in the pleadings. [K. U. CHANDIWAL, J.] Dated:09/12/2010. ans/15016