Sou. Sushila Vinayak More v. Shri. Yeshwant Kisan Malme And ORS.

5 caf2440-16.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2440 OF 2016 IN FIRST APPEAL NO.562 OF 2011 Office Notes, Office Memoranda of Coram, 5Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.V.S.Tadake i/b Mr.M.B.Gawade for the applicant Ms.Divya Parab i/b Mr.R.N.Gite for the respondent no.1 None for the respondent no.3 CORAM : K. K. TATED, J DATE : JULY 5, 2019 P.C.:

.

Heard.

The learned counsel for the Applicant submits that by this Civil Application they are seeking permission to serve Respondent nos.2 and 4 by substitute service as per Order V Rule 20 of the Code of Civil Procedure.

The learned counsel for the Applicant Mohite 1/2

5 caf2440-16.doc submits that advocate is appearing on behalf of Respondent no.1. Therefore, there is no question of service on Respondent no.1.

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

a.

Applicant is permitted to serve Respondent nos.2 and 4 by substitute service as provided under Order V Rule 20 of the Code of Civil Procedure by publication in newspaper in two leading newspaper in First Appeal No.562 of 2011.

b.

Affidavit of service be filed on or before 30.09.2019, failing which Civil Application shall stand dismissed without referring back to the court.

c.

Civil Application stands disposed of accordingly.

d.

No order as to costs.

(K.K.TATED, J.) Mohite 2/2