Shri. Sakharam Mavji Dhandwad v. Shri. Laxman Krishna Aswale (Since Decd) Through Lrs.

20 caw1373-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1373 OF 2016 IN WRIT PETITION NO.5601 OF 1998 ffice Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Uday Nighot for the applicant Mr.Yogesh Pawaskar i/b Mr.V.S.Kapse for the respondent nos.1A CORAM : K. K. TATED, J.

DATE : AUGUST 29, 2016 P.C.:

Heard the learned counsel for the parties.

This application is for substitute service on respondent nos.1(b).

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 substitute service as per Order V Rule 20 of the Code of Civil Procedure, 1908. Hence, following order is passed:

A) Civil Application is allowed in terms of prayer clause (a) which reads thus:

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20 caw1373-16 "(a) That the Applicant may be permitted to serve the notice of Writ Petition No.5601 of 1998 on Respondent Nos.1(b) by substituted service by publishing Public Notice in local newspaper at Taluka Ambegaon District Pune."

B) Applicant to serve respondent no.1(b) by substitute service by publishing in two leading newspapers within 12 weeks from today.

C) Civil application stands disposed off accordingly.

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