Sunil George Neralaly And ORS v. Vindu Devi Rai And ORS

CAW-385-15.doc 20.02.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.385 OF 2015 IN WRIT PETITION NO.3929 OF 2014 Sunil George Neralaly and others .. Applicants

Versus

Vindu Devi Rai and others .. Respondents Mr. Chetan Akerkar, for the Applicants.

None for the Respondents.

CORAM : R.M. SAVANT, J.

DATE : 20th FEBRUARY, 2015 P.C.

1.

The above Civil Application has been filed for effecting substituted service on the Respondents No.2 to 4, 6 to 8, 13, 15 to 19, 21 and 22 under Order V Rule 20 of the Code of Civil Procedure. The reasons why recourse to Order V Rule 20 of the CPC is required to be taken are mentioned in the Civil Application. The office note indicates that the building in which the Defendants were residing has been demolished. Having regard to the aforesaid facts, it would be just and proper to allow the above Civil Application, the Civil Application is accordingly made absolute in terms of prayer clause (a). The Petitioner to publish the notice in local newspaper one in Hindi and one in English having circulation in BGP.

CAW-385-15.doc 20.02.2015 the city of Mumbai. In so far as the Hindi newspaper is concerned, the same to be published in "Navbharat Times" and in so far as English newspaper is concerned, the same to be published in "Free Press Journal". The notice to indicate that the same is made returnable on 6th April, 2015. After the notice is published the Learned Counsel for the Petitioner to file affidavit of service annexing thereto the paper publications. The Civil Application is accordingly disposed of. In so far as the Respondents No.1, 9, 10, 11 and 12 are concerned, issue fresh notice to the said Respondents returnable on 6th April, 2015 and file affidavit of service. [R.M. SAVANT, J] BGP.