Smt. Maltabai Madhav Sathe (Since Decd) Through Lrs Shri. Shrikrishna Madhav Sathe v. Smt. Pushpa Moreshwar Patankar And ORS

10.2527.15-caw FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2527/2015 IN WRIT PETITION NO.8421/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Samrat Shinde i/b. T. D. Deshmukh for the Petitioner CORAM : K. K. TATED, J.

DATE : MARCH 18, 2016 P.C.:

1.

Heard. This Application is made by the Defendant for substitute service on respondent No.1 original Plaintiff. The learned counsel for the applicant submits that the notice issued by them by R.P.A.D. on 18.11.2014 returned unserved with postal remark "due to insufficient address".

2.

The learned counsel for the applicant submits that the address of respondent No.1 is shown in the Civil Application on the basis of the address given by her in the plaint itself. He submits that they tried to find out the present correct address, but in vain. Hence, they made Civil Application for substitute service.

Basavraj G Patil 1/2

10.2527.15-caw 3.

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 allowing the present Civil Application.

4.

Hence, the following order:

a) The applicant is permitted to serve respondent No.1 Smt. Pushpa Moreshwar Patankar in Writ Petition No.8421/2014 by substitute service as per Order V Rule 20 of the Code of Civil Procedure, 1908 by publication in two leading news papers, one in vernacular and another in English, returnable after 12 weeks.

b) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2