1 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 8462 OF 2010 IN SECOND APPEAL NO. 498 OF 2001 Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders | CORAM : P. R. BORKAR, J. DATE : 21 st JULY, 2010. 1 Heard Adv. Mr. S.P. Shah, Advocate for the applicant and Adv. Mrs. M.A. Kulkarni, Advocate for respondent nos. 1A to 1C. 2 Both have brought to my notice the earlier orders passed on time to time. It appears that after the report in respect of respondent nos. 2C and 2D were received on 28-8-2008 and 26-3-2009, order of re-issue of notice to respondent nos. 2C and 2D ought to have been automatic as it was not fault of the applicant / appellant. In case of 2 respondent no. 2 C there was no sufficient time remaining after service of notice. So service was not made. In case of respondent no. 2 D, the person was not at the house when bailiff visited. However, it appears that instead of arguing for re-issuance of notice, the appellant undertook to serve respondent nos. 2C and 2D privately. Since there could not be private service, order dt. 16-10-2009 is withdrawn as per order passed on 19-4-2010. In the circumstances, earlier order dt. 16-10-2009 is recalled. Re-issue notice to respondent nos. 2C and 2D under Order 5 Rule 17 of the Code of Civi Procedure returnable after 8 weeks. ( P. R. BORKAR, J.) dyb / office / ca8462.10.odt