Bombay High Court
RAJAS DILIP KOLHEversusRAJESH SHATILAL LALWANI AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The court held that, at the risk of the applicants, the requested deletions of respondents may be ordered and notices re‑issued to the remaining parties, with service permitted by private means.
Summary
The applicants filed several civil applications and revision applications seeking the deletion of certain respondents from the suit and the re‑issuance of notice to other respondents. The court examined the applicants' averments and considered whether such deletions and re‑issuance of notices could be ordered under procedural law. It allowed the deletion of respondents No.13, 17, 45 in one application and No.15 in another, granting these orders at the risk of the applicants. The court also ordered that notices be re‑issued to the remaining respondents and permitted service by private means, with affidavits of service to be filed. All applications were disposed of, with the deletions and re‑issuance orders granted, and the revision applications were listed for further consideration on 29‑01‑2026.
Issues considered
- Whether the court may delete specific respondents from the proceedings at the request of the applicants
- Whether the court may order re‑issuance of notice to the remaining respondents
- Whether service of notice by private means is permissible in these circumstances
Subjects
- civil procedure
- deletion of parties
- re‑issuance of notice
- private service
- amendment of parties
- revision application
Judgment
1 920 CRA 101-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
920 CIVIL REVISION APPLICATION NO. 101 OF 2022
WITH
CIVIL APPLICATION NO. 13280 OF 2025 IN CRA/100/2022
WITH
CIVIL REVISION APPLICATION NO. 105 OF 2022
WITH
CIVIL REVISION APPLICATION NO. 99 OF 2022
WITH
CIVIL REVISION APPLICATION NO. 100 OF 2022
WITH
CIVIL APPLICATION NO. 13281 OF 2025 IN CRA/100/2022
WITH
CIVIL APPLICATION NO. 13279 OF 2025 IN CRA/105/2022
SAVITA MAHESH WANJARI AND OTHERS
VERSUS
RAJESH SHANTILAL LALWANI
…
Mr. Jayant R. Shah – Advocate for Applicants
Mr. S.S. Kulkarni, Mr. Girish S. Rane, Mr. S.H. Tripathi and Mr. S.B.
Yawalkar – Advocates for respective Respondents
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 08.01.2026
PER COURT :
CIVIL APPLICATION NO. 13280 OF 2025
1. By way of this application applicant prays for deletion of
respondent Nos.13, 17 and 45 and re-issuance of notice to respondent
Nos.8, 10,14, 18, 23, 28, 30, 32, 33, 34 and 36.
2. Considering the averments mentioned in the application, the same
2 920 CRA 101-2022.odt
is allowed in terms of prayer clauses ‘A’ and ‘C’ and partly allowed in
terms of prayer clause ‘B’.
3. The Civil Application is disposed of accordingly. The deletion of
name of respondent Nos.13, 17 and 45 is granted at the risk of applicant.
Necessary amendment be carried out within stipulated period.
4. Re-issue notice to respondent Nos.8, 10,14, 18, 23, 28, 30, 32, 33,
34 and 36 returnable on 29.01.2026.
5. The applicant is permitted to serve respondents by way of private
service and file affidavit of service on or before the next date of listing.
CIVIL APPLICATION NO. 13281 OF 2025
6. By way of this application applicants pray for deletion of
respondent No.15 and re-issuance of notice to respondent Nos.9, 12, 14,
16, 19, 20, 23, 25, 27, 28, 29, 31, 32, 33 and 34.
7. Considering the averments mentioned in the application, the same
is allowed in terms of prayer clauses ‘A’ and ‘C’ and partly allowed in
terms of prayer clause ‘B’.
8. The Civil Application is disposed of accordingly. The deletion of
name of respondent No.15 is granted at the risk of applicants. Necessary
amendment be carried out within stipulated period.
3 920 CRA 101-2022.odt
9. Re-issue notice to respondent Nos.9, 12, 14, 16, 19, 20, 23, 25, 27,
28, 29, 31, 32, 33 and 34, returnable on 29.01.2026.
10. The applicants are permitted to serve respondents by way of
private service and file affidavit of service on or before the next date of
listing.
CIVIL APPLICATION NO. 13279 OF 2025
11. By way of this application, applicants pray for carrying out the
amendment as mentioned in paragraph 5 and in title of present Civil
application and for marking of respondent Nos.12, 16 and 44 as dead in
title of present Civil Revision Application. They also pray for re-issuance
of notice to respondent Nos.13, 17, 22, 33 and 40.
12. Considering the averments mentioned in the application, the same
is allowed in terms of prayer clauses ‘B’ and ‘C’.
13. The Civil Application is disposed of accordingly. Necessary
amendment be carried out within stipulated period.
14. Re-issue notice to respondent Nos.13, 17, 22, 33 and 40, returnable
on 29.01.2026.
15. The applicants are permitted to serve respondents by way of
private service and file affidavit of service on or before the next date of
listing.
4 920 CRA 101-2022.odt
CIVIL REVISION APPLICATION NO. 101 OF 2022
CIVIL REVISION APPLICATION NO. 105 OF 2022
CIVIL REVISION APPLICATION NO. 99 OF 2022
CIVIL REVISION APPLICATION NO. 100 OF 2022
16. List the Civil Revision Applications on 29.01.2026 for further
consideration.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
Pooja Kale/
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