Bombay High Court
DATTATRAY VISHNU MORE AND ORSversusNandkumar Narayan Avchat
- Decided
- Disposal
- Allowed
- Bench
- GAURI GODSE
Holding
The interim application is allowed, permitting amendment of the cause title and issuance of a fresh notice to Respondent No. 1.
Summary
The appellants filed an interim application seeking a fresh notice to be issued to Respondent No. 1 at a new address. They also requested permission to amend the cause title of the civil application for condonation of delay and the second appeal to incorporate this new address. The court examined whether such amendment and issuance of a fresh notice could be ordered at this stage. It directed that the amendment be effected immediately in the digital court and that a fresh notice be served to Respondent No. 1, with service to be completed by 29 July 2026. The court further ordered private service of the notice and filing of a service affidavit, and required the appellant’s counsel to ensure copies are supplied and the notice is served with a hamdast. The interim application was allowed on these terms.
Issues considered
- Whether the court may order amendment of the cause title to include a fresh address of Respondent No. 1.
- Whether a fresh notice should be issued to Respondent No. 1 and the service requirements for the same.
Subjects
- amendment
- fresh notice
- service of notice
- condonation of delay
- civil appellate jurisdiction
- interim relief
Judgment
30-IA-2158-2026.docx
rrpillai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2158 OF 2026
IN
SECOND APPEAL ST NO. 98023 OF 2020
Dattatray Vishnu More and Ors .....Applicants
Vs.
Nandkumar Narayan Avchat and Ors .....Respondents
Mr. M. V. Rawool i/b. Mr. Avinash Avhad for the
Applicants/Appellants.
Ms. Sakshi Inamdar i/b. Mr. Siddhesh Pilankar for
Respondent No. 2.
CORAM : GAURI GODSE, J.
DATE : 17th JUNE 2026
ORDER:
1. This application is for issuing fresh notice to
respondent no. 1 on fresh address mentioned in the
application. Learned counsel for the appellants shall amend
the cause title of the civil application for condonation of delay
and the second appeal to add the fresh address of
respondent no. 1. Amendment to be carried out forthwith in
Digitally
court.
signed by
RAJESHWARI
RAJESHWARI RAMESH
RAMESH PILLAI
PILLAI Date:
2026.06.18
14:30:45 1/2
+0530
30-IA-2158-2026.docx
2. If amendment is carried out, office shall issue notice to
respondent no. 1 in the application for condonation of delay,
returnable on 29th July 2026.
3. In addition to the court notice, learned advocate for the
appellants to serve the respondents by private service and
file service affidavit before the next date.
4. Learned advocate for the appellants to ensure that
copies are supplied and court notice is served by taking
hamdast.
5. Interim application is allowed in the aforesaid terms.
[GAURI GODSE, J.]
2/2
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