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Bombay High CourtIA/2222/2020rejected

Mr. Vincent Joseph Pareira v. Ms. Monika Monsiana Mariya D'Souza E Perira And ANR.

2021-03-15Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

11-IA-2222-2020.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2222 OF 2020 IN FIRST APPEAL NO.1320 OF 2016 Vincent Joseph Pereira ] Applicant Vs.

Monika Monsiana Mariya D'

Souza ] E. Perira and another.

] Respondents .....

Mr. Parikshit Pania a/w Mansi Jaiswal i/b Clayderman & Co., for Applicant.

.....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 15th MARCH, 2021.

P.C.

1.

This is an application seeking substituted service of publication in the Newspaper upon respondents No.1 and 2 which are named as under;

"1. Ms. Monika Monsiana Mariya D'

Souza E Perira, Adult, Occn: Not known, 54, Shruti, Vokola Colony Road, Santacruz (East), Mumbai.

2. Ms. Maria P.C. Therisa Mendsa Adult, Occn: Not known, Proft. Almeida Park, Turner Road, Bandra (W), Mumbai - 400 051.

in the cause title of the Interim Application. Shailaja S.

Halkude Shailaja S. Halkude Date: 2021.03.16 18:03:17 +0530

11-IA-2222-2020.doc 2.

It is stated in the application that the Bailiff has filed a report informing that the address could not be found. 3.

A perusal of the Bailiff report indicates that he had been to address of respondent No.1 viz; 54, Shruti, Vokola Colony Road, Santacruz (East), Mumbai, however, he could not trace respondent No.1.

4.

As the reason stated in the application is contrary to the Bailiff report, request for publication cannot be considered and the application is rejected.

5.

Liberty to the applicants to serve the respondents with registered notice as well as by a private notice and file affidavit of service returnable on 26th April, 2021.

[PRITHVIRAJ K. CHAVAN, J.]