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Bombay High CourtIA/18537/2022allowed

Satyanarayan Banarasidas Agarwal v. Vimla Anil Agarwal And ORS.

2023-01-30Hon'Ble Shri Justice Amit Borkar2 pages

TAUSEEF LAIQUEE FAROOQUI Tauseef Farooqui 37-FA.ST.3150.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TAUSEEF LAIQUEE FAROOQUI Date: 2023.02.02 10:50:36 +0530 CIVIL APPELLATE JURISDICTION FIRST APPEAL (STAMP) NO.3150 OF 2021 Satyanarayan Banarasidas Agarwal ...Appellant V/s.

Vimla Anil Agarwal And Ors.

...Respondent

WITH INTERIM APPLICATION NO.18537 OF 2022 WITH INTERIM APPLICATION (STAMP) NO.3153 OF 2021 Ms. Vaishali Sanghavi a/w Mr. Mihir Aswani and Mr. Ameet Mehta M/s. Solicis Lex for Applicant.

CORAM

:

AMIT BORKAR, J.

DATE :

JANUARY 30, 2023 P.C.:

1.

The original defendant no.1 who is appellant has filed present application seeking permission to serve respondent nos.2 to 4, 7 and 8 via publication in two newspapers i.e. (1) Free Press Journal and (2) Navshakti.

2.

As per averments in paragraph no.6, the applicant tried to serve notice of present appeal on the address mentioned in the cause title of the suit. Additionally, learned advocate for the appellant has sent a communication to the advocate for respondent no.1 seeking details of addresses of unserved respondents which has been replied by the advocate for the respondent no.1 stating that respondent no.6 expired on 19th

Tauseef Farooqui 37-FA.ST.3150.2021.doc March 2022 and respondent no.3 is residing alongwith respondent no.1.

3.

On perusal of the averments in the application, it appears that inspite of best efforts of the applicant, addresses of respondent nos.2 to 4, 7 and 8 are not traceable. 4.

The respondent no.3 is residing alongwith respondent no.1, therefore, respondent no.3 can be served on the address of respondent no.1. Insofar as the respondent nos.2 to 4, 7 and 8 are concerned, the application needs to be allowed. Therefore, application is allowed in terms of prayer clause (a) as regards respondent nos.2 to 4, 7 and 8.

5.

The notice of pendency of present appeal be published in the newspaper mentioned in the prayer clause. The returnable date be mentioned as 27th February 2023.

(AMIT BORKAR, J.)