Bombay High Court
MEHBOOB ABDUL HAMID SHAIKHJIversusPARVATI GANGARAM MOSAMKAR DECD THRU LRS (1.A) ANJALI GANPAT PASTE
- Decided
- Disposal
- DISMISSED FOR NON-PROSECUTION/DEFAULT AT ADMISSION STAGE
- Bench
- MADHAV JAMDAR
Holding
The petitioner must furnish the complete and detailed address of respondent No.1.A within two weeks, failing which the petition shall be dismissed.
Summary
Mehboob Abdul Hamid Shaikhji filed a writ petition (No.12437 of 2019) in the Bombay High Court against the deceased Parvati Gangaram Mosamkar and Anjiali Ganpat Paste. The petitioner sought relief but the court noted that the address of respondent No.1.A was not on record, making service of notice impossible. The issue before the court was whether the petitioner must provide the complete address of the respondent to enable service. The court held that without a proper address the petition cannot proceed and directed the petitioner to furnish the detailed address within two weeks. It further ordered that a notice be issued to the respondent, returnable on 21 September 2022, and warned that failure to comply would result in dismissal of the petition, with an interim order to continue the proceedings until the next date.
Issues considered
- Whether the petitioner is required to furnish the complete address of respondent No.1.A for service of notice
- Whether failure to provide the address warrants dismissal of the writ petition
Subjects
- writ petition
- service of notice
- address requirement
- civil appellate jurisdiction
- procedural order
Judgment
45.WP.12437.19.doc
BDP-SPS-TAC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BHARAT
DASHARATH CIVIL APPELLATE JURISDICTION
PANDIT
Digitally signed
by BHARAT
DASHARATH
PANDIT
WRIT PETITION NO.12437 OF 2019
Date: 2022.08.25
14:02:34 +0530
Mehboob Abdul Hamid Shaikhji ..Petitioner
V/s
Parvati Gangaram Mosamkar
(Since deceased Through L.Rs)
Anjiali Ganpat Paste ..Respondent
---
Mr. Omkar Nagvekar i/by Prabha U. Badadare for the Petitioner.
---
CORAM: NITIN W. SAMBRE, J.
DATE: AUGUST 22, 2022
P.C.:-
1] If the petitioner furnishes complete and detail address of respondent
No.1.A within a period of two weeks from today, let there be notice to
respondent No.1.A, returnable on 21st September, 2022.
2] If the above order directing furnishing address of respondent No.1.A
within two weeks from today is not complied with, petition shall stand
dismissed without further reference to the Court.
3] Ad-interim order to continue till the next date.
( NITIN W. SAMBRE, J. )
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