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Bombay High CourtCAC/326/2016allowed

The Municipal Corporation Of Greater Mumbai And ANR. v. Kulsum Wd/O. Abdul Malik Fitwala (Deceased) And ORS.

2017-04-06Hon'Ble Shri Justice R.M. Savant.2 pages

cac-326-16-(907)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 326 OF 2016 IN CIVIL REVISION APPLICATION NO.318 OF 2014 The Municipal Corporation of Greater Mumbai & Anr ..Applicants Vs.

Kulsum wd/o Abdul Malik Fitwala & Ors ..Respondents Mr. P. M. Palshikar a/w Mr. P. M. Patil for the Applicants CORAM :

R. M. SAVANT, J.

DATE :

6th APRIL, 2017 P.C.

Leave to amend is granted so as to correct prayer clause (a) of the above Civil Application. Amendment to be carried out forthwith. The above Civil Application has been filed for being permitted to effect substituted service on the Respondent Nos.7(a) to 7(j) under Order V Rule 20 of the Civil Procedure Code by publishing notice in two daily newspapers one in English and one in Marathi. The reasons why recourse to Order V Rule 20 is required to be taken are mentioned in the above Civil Application. Hence accepting the said reasons, the above Civil Application is allowed, resultantly the Respondent Nos.7(a) to 7(j) are permitted to serve the said Respondents by paper publication in two daily newspapers i.e. Navshakti in Marathi and Fress Press Journal in English. Notice to indicate that the same mmj

cac-326-16-(907) is made returnable on 4-5-2017. After the paper publication, the Applicants to file affidavit of service annexing the said paper publication. The Civil Application is accordingly disposed of.

[R.M.SAVANT, J] mmj