Kum. Latika Ashok Misal (Patil) And ANR v. Smt. Usha Namdeo Misal (Patil) And ORS

183.15-cao FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.183/2015 IN MISC. CIVIL APPLICATION NO.208/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Mitali Shinde i/b. Pankaj D. Purway for the Applicant Mr. Sangramsing Yadav for the Respondent No.23. CORAM : K. K. TATED, J.

DATE : SEPTEMBER 8, 2015 P.C.:

1.

Heard. This Application is made by the Applicant under Order V Rule 20 of the Code of Civil Procedure, 1908 for substitute service on Respondents i.e. Respondent Nos.24, 25, 33, 35, 37, 38, 40, 41, 43, 44, 48, 49, 53, 54, 55, 16, 28, 39, 52, 62, 9 to 11, 13 and 59.

2.

Office note shows that the Misc. Civil Application stood dismissed against these Respondents except Respondent Nos.28, 39, 52, 59 and 62.

3.

The learned counsel for the Applicant Basavraj G Patil 1/2

183.15-cao submits that the Applicant may be permitted to serve the remaining Respondents i.e. Respondent Nos. 28, 39, 52, 59 and 62 by substitute service under Order 5 rule 20 of the Code of Civil Procedure, 1908.

4.

Considering the submissions made by the learned counsel for the Applicant and the statement made across the bar, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

5.

Hence, the following order is passed:

a.

The Applicant is permitted to serve the Respondent Nos. 28, 39, 52, 59 and 62 by substitute service under Order 5 rule 20 of the Code of Civil Procedure, 1908 by publishing notice in two leading news papers, one in English and another in vernacular, having wide circulation in Jalgaon District, returnable 12 weeks.

b.

Civil Application stands disposed off accordingly.

JUDGE CERTIFICATE Certified to be true and correct copy of the original signed order.

Basavraj G Patil 2/2