The New India Assurance Company Limited v. Smt. Sundarabai Krishna Shinde And ANR

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2923 OF 2016 IN FIRST APPEAL ST. NO.30738 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present.

CORAM : AJIT N. MARE, REGISTRAR (JUDL - II) Date : 12th July, 2016 On verification of cause title of First Appeal and its Civil Application with title of original proceedings, it is seen that address of Respondent Nos.1 and 2 is one and the same. The Notice issued to Respondent Nos.1 and 2 is received unserved with remark "said Respondent Nos.1 and 2 are not residing at given address". Present Respondent No.1 is the Applicant in Trial Court proceedings.

Present Respondent No.2 is Respondent No.1 in Trial Court's proceedings. They had participated on proceedings before the Trial Court by mentioning same address on which they are tried to be served in present proceedings. It is evident that

Respondent Nos.1 and 2 cannot be served by regular mode of service. Hence, there is no other way to serve Respondent Nos.1 and 2 except by way of Publication of Notice in local Newspapers as mentioned in prayer clause of Civil Application.

In view of this, Civil Application is allowed in terms of prayer clause (a). Issue Publication Notice to Respondent Nos.1 and 2, returnable after 8 weeks.

sd/- Registrar (Judl.-II) dsm - R(J-II) - 12.07.16