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Bombay High CourtCAS/1328/2016allowed

Mohan Eknath Choudhari (Deceased Thr. Lrs) v. Sudhamati Trimbak Choudhari And ORS.

2016-08-20Hon'Ble Shri Justice R.D. Dhanuka2 pages

kvm 1/2 30-CASST15557.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO. 15557 OF 2016 IN SECOND APPEAL (ST) NO. 4680 OF 2016 Mohan Eknath Choudhari, (since deceased through his heirs and legal representatives) & Ors.

..... Applicants

VERSUS

Sudhamati Trimbak Choudhari & Ors.

..... Respondents Mr.S.T.Bhosale for the Applicants.

Mr.P.S.Hagare for Respondent no.1.

CORAM :

R.D. DHANUKA, J.

DATE :

20th AUGUST, 2016 P.C.

Not on board. Taken on board.

2.

By this civil application, the applicants seek permission to serve respondent no.4 by publishing a notice/summons in daily newspaper 'Lokmat or Navakal' by way of substituted service.

3.

I have perused the averments made in the civil application and I have heard the learned counsel appearing for the applicants. I have also perused the annextures in the civil application.

4.

For the reasons recorded in the civil application, civil application is made absolute in terms of prayer clause (a). The applicants are directed to serve the respondent no. 4 by publication in the newspaper described in the prayer clause (a)

kvm 2/2 30-CASST15557.16 of the civil application within four weeks from today and shall file affidavit of service within six weeks from today. The applicants shall issue notice also in respect of the pending civil applications and second appeal. 5.

Civil application is disposed of in the aforesaid terms. No order as to costs. [R.D. DHANUKA, J.]