Popat Pandurang Hargude v. Pandurang Shripati Hargude (Deceased By His Legal Heirs)

25.1175.15-cas FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.1175/2015 IN SECOND APPEAL NO.226/2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R. S. Madhusudan for the Applicant CORAM : K. K. TATED, J.

DATE : OCTOBER 26, 2015 P.C.:

1.

Heard. This Application is made by the Plaintiff for substitute service under Order V Rule 20 of the Code of Civil Procedure, 1908 on Respondent Nos.4 and 5.

2.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

3.

Hence, the following order:

a) Civil Application is allowed in terms of prayer clause (aa) which read thus:

Basavraj G Patil 1/2

25.1175.15-cas (aa) The Applicant be permitted to serve Respondent Nos.4 and 5 by substituted service as contemplated by Order 5 Rule 20 of Code of Civil Procedure, 1908 by permitting the Applicant to give public notice in two local news papers viz. "Sakal" and "Loksatta" on such terms and conditions as this Hon'ble Court may deem fit & proper.

b) Notice is made returnable after 16 weeks.

c) Civil Application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2