Mr. Rajbihari Pathak v. Smt.Shardadevi Ramkhilavan Pathak Through Lrs. Respondent No.2 To 6 And ORS.

905.313.19-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application NO.313/2019 in First Appeal No.363/2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Ahsish Mehta a/w. Narpat Singh for the Applicant CORAM: K.K.TATED, J.

DATED : SEPTEMBER 25, 2019 P.C.

Heard. By this Civil Application the Applicant is seeking permission to serve Respondent Nos.6 to 9 by substituted service under Order V Rule 20 of the Code of Civil Procedure, 1908 in Civil Application (ST) No.25182/2018 and Civil Application (ST) No.25093/2018 by publishing notice in newspaper.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

Basavraj G. Patil 1/2

905.313.19-caf.odt Hence, following order is passed:

a.

Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) This Hon'ble Court be pleased to permit the Applicant to serve Civil Application (for Expediting) being Civil Application (ST) No.25182/2018 and Civil Application (For being Legal Heirs)being Civil Application (ST) No.25093/2018 upon the concerned Respondent Nos.6 to 9 mentioned in the above Civil Applications by way of substituted service through Newspaper Publication, by publishing the same in two local newspapers i.e.

(1) Free Press Journal (English Newspaper) and (2) Navshakti (Marathi Newspaper) or in such other mode as directed by this Hon'ble Court"

b.

Notice to be published and file an Affidavit of Service on or before 20.12.2019.

c.

The Civil Application stands disposed of accordingly.

d.

No order as to costs.

(K.K.TATED, J.) Basavraj G. Patil 2/2