Smt. Vaishali Vinayak Navathe v. Shri. Anil Benjamin Lazaras And ANR.

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4102 OF 2016 IN FIRST APPEAL ST. NO.16691 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present.

CORAM : AJIT N. MARE, REGISTRAR (JUDL - II) Date : 19th October, 2016 On verification of cause title of First Appeal and its Civil Application with title of original proceedings, it is seen that address of Respondent No.1 is one and the same. The Notice issued to Respondent No.1 is received unserved with remark "want of full and detail address".

Respondent No.1 was opposite Party No.1 before M.A.C.T. and proceedings was ex-parte. He can only be served by substituted service. Hence, it is evident that Respondent No.1 cannot be served by regular mode of service. Hence, there is no other way to serve Respondent No.1 except by way of Publication of Notice in local newspaper as mentioned in prayer clause of Civil Application.

In view of this, Civil Application is allowed in terms of prayer clause (a). Issue Publication Notice to Respondent No.1 returnable after 8 weeks.

- sd/- Registrar (Judl.-II) dsm - R(J-II) - 19.10.16