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Bombay High CourtCAF/2802/2015allowed

Mrs. Sneha Sunil More Maiden Name Jayshree Ravji More v. Mr. Sagar Sambhaji More And Os.

2015-09-04Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

Prod7.CAF2752_2015.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2802 OF 2015 IN CIVIL APPLICATION NO. 2752 OF 2015 IN CIVIL APPLICATION NO. 1613 OF 2015 IN FIRST APPEAL (ST.) NO. 12245 OF 2015 Smt. Sneha Sunil More ... Applicant vs. Nikhil Sagar Sambhaji More & Ors.

... Respondents Ms. Hina A. Mody, Advocate for the applicant. None for the respondents.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE : 4th September, 2015 P.C.:

Not on board. Upon mentioning, taken on board. Civil Application No. 2802 of 2015 This Application is made seeking permission to serve respondent no. 1 by substitute service by pasting.

2.

The learned counsel for the applicant submitted that she be allowed to amend the application by serving respondent no. 1 by substitute service by publication.

2.

Amendment to be carried out forthwith. The applicant is allowed to

Prod7.CAF2752_2015.doc serve respondent no. 1 by substitute service, i.e., by publication in newspaper.

3.

Civil Application is allowed.

Civil Application No. 2752 of 2015 This application is moved for restoration of Civil Application No. 1613 of 2015, i.e. for condonation of delay and also First Appeal (St.) No. 12245 of 2015. The learned counsel submitted that bhatta was already paid and accordingly, it was necessary for the Court to issue notice to the address of respondent no.1. The service was also made privately and the said packets are received back showing that respondent no. 1 is not staying on the said address. The applicant has now moved application for substitute service by publication, which is allowed. 2.

In view of this, the order dated 10th July, 2015 is recalled and Civil Application No. 1613 of 2015 is restored to its file. Interim relief, granted earlier, to continue till 30th October, 2015. 3.

Civil Application is allowed.

(MRS.MRIDULA BHATKAR, J.)