1 ca2196.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLN. (ST.) NO. 2196 OF 2011. IN ELECTION PETITION NO.11 OF 2009 (Dr.Madhavrao Bhujangrao Kinhalkar vs Ashok Shankarrao Chavan and ors.) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Coram: Shrihari P. Davare, J. Date: January 24, 2011. Shri R.S.Deshmukh Advocate for the Petitioner. Shri R.R.Mantri,Advocate for Resp. No.1 Shri S.C.Bhosale, Advocate for Respondent No.4 (absent). None for Respondent Nos.5 and 8 in spite of service by paper publication. Resp. Nos.7 & 9 absent,although served. Respondent No.10 is unserved. Shri R.L.Kute, Advocate for Respondent No.11 (absent) ------ 1. Shri R.S. Deshmukh Advocate for the petitioner has preferred present civil application (stamp No.2196/2011) with 2 ca2196.11 affidavit of his junior Shri Harshad s/o Hemant Padalkar, contending that the hamdast of the paper publication, as per the directions of this court was received by him, but same could not be handed over to the concerned newspaper due to lack of communication and intervening winter vacation, and prayed that the said hamdast be allowed and notice be reissued through paper publication for completing service on unserved respondent No.10. 2. Shri R.R. Mantri, learned Advocate for Respondent No.1, opposed the application and prayer made therein. 3. Shri R.S. Deshmukh, learned Advocate for the petitioner undertakes to produce the hamdast taken by Advocate Shri Padalkar, from the office of this court. 4. Considering the contents of the application and affidavit, it appears that there was bonafide mistake on the part of Advocate Shri Padalkar and, 3 ca2196.11 therefore, application deserves to be allowed in terms of prayer clause (B) thereof. 5. Accordingly, present civil application is allowed in terms of prayer clause (B) and notice be reissued through paper publication to be published in daily Marathi "Deshonatti" for completing service on unserved Respondent No.10, returnable on 28.2.2011. 6. Hence, by consent, stand over to 28.2.2011. Petitioner to get the present civil application registered and numbered in the office. Date: 24/01/2011 (SHRIHARI P.DAVARE, J.) pnd/cast2196.11