Mrs. Kumud Suresh Kedari And ORS. v. Rajan Prabhakar Tendulkar And ORS.

CAW-1948-15.doc 13.07.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1948 OF 2015 IN WRIT PETITION NO.2291 OF 2015 Mrs. Kumud Suresh Kedari and others .. Applicants

IN THE MATTER BETWEEN

Mrs. Kumud Suresh Kedari and others .. Petitioners

Versus

Rajan Prabhakar Tendulkar and others .. Respondents Ms. Divya Shah i/by Divya Shah & Co., for the Applicants/original Petitioners.

Mr. A. G. Kundekar, for the Respondent Nos.1 & 2. Mrs. V. S. Nimbalkar, AGP for the Respondent No.6. CORAM : R.M. SAVANT, J.

DATE : 13th JULY, 2015 P.C.

1.

The above Civil Application has been filed for effecting substituted service on the Respondent Nos.3 to 5 by having recourse under Order 5 Rule 20 of the CPC. The reasons as to why the said recourse is required to be taken are mentioned in the Civil Application. From the report of the Bailiff dated 08.05.2015, prima-facie it appears that the said Respondents are avoiding service as vague answers are given as regards BGP.

CAW-1948-15.doc 13.07.2015 their whereabouts. The Civil Application is accordingly allowed. Resultantly, the Petitioners are permitted to publish the notice in two daily newspapers i.e. "Navshakti" and "Free Press Journal" having circulation in Mumbai. Notice to indicate that the same is made returnable on 03.08.2015. The Civil Application is accordingly disposed of. After publication, the Learned Counsel for the Petitioners to file affidavit of service annexing the said paper publication.

[R.M. SAVANT, J] BGP.