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Bombay High CourtCAF/649/2016allowed

M/S Shree Tirthankar Company v. Adyaprasad H.Mishra Deceased Thr. Lrs.Leelavati Hingoo Mishra(Desead)Thr.Lrs.Resp.No.1b To 1f And O

2016-05-03Registrar(Judicial Ii Fa)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.649 OF 2016 IN FIRST APPEAL NO.945 OF 1994 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present.

CORAM : AJIT N. MARE, REGISTRAR (JUDL - II) Date : 3rd May, 2016 On verification of cause title of First Appeal and its Civil Application with title of original proceedings, it is seen that address of Respondent Nos.1(b), 1(d), 1(e) and 1(f) is one and the same. The Notice issued to Respondent Nos.1(b), 1(d), 1(e) and 1(f) are received unserved with remark "Not found and they are not staying at given address". It is evident that Respondent Nos.1(b), 1(d), 1(e) and 1(f) cannot be served by regular mode of service. Hence, there is no other way to serve Respondent Nos.1(b), 1(d), 1(e) and 1(f) except by way of Publication of Notice in local Newspapers as mentioned in prayer clause of Civil Application.

In view of this, Civil Application is allowed in terms of prayer clause (a). Issue Publication Notice to Respondent Nos.1(b), 1(d), 1(e) and 1(f), returnable after 8 weeks.

sd/- Registrar (Judl.-II) dsm - R(J-II) - 03.05.16