Mr. Abbas Nuruddin Kagalwal v. Mr. Asgeri Khalid Thakur

505.CAF3119_2018.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (St.) No. 3119 OF 2018 IN FIRST APPEAL (ST.) NO. 7804 OF 2016 Abbas Nuruddin Kagalwala ... Appellant/Applicant Vs.

Asgeri Khalid Thakur ... Respondent Mr. Deepak Shukla i/b. M/s. Vinod Mistry & Co., Advocate for the appellant/applicant.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 6th February, 2018 P.C.:

Upon mentioning, taken on production board.

2.

This Application is moved by the applicant/appellant seeking permission to serve the respondent by substitute service, i.e., by publication of notice in two newspapers, namely, Free Press Journal and Navshakti.

3.

The learned counsel for the applicant submitted that the applicant has made all efforts to trace the fresh address of the respondent, however, the address mentioned in the cause title is correct address and the respondent is avoiding the service of notice. Hence, he seeks permission to serve the notice on respondent by 1 / 2

505.CAF3119_2018.doc publication.

4.

In view of the submissions, the learned counsel for the applicant is allowed to serve the respondent by substitute service, i.e., by publication of notice in "Free Press Journal" and Navshakti". The learned counsel for the applicant to show service on respondent after six weeks.

5.

Civil Application is allowed and is disposed of accordingly. (MRIDULA BHATKAR, J.) 2 / 2