The New India Assurance Co. Ltd. v. Smt. Rani Bharat Dadas And ORS.

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4275 OF 2016 IN FIRST APPEAL ST. NO.3766 OF 2016 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 : 10th 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.4 is one and the same. The Notice issued to Respondent No.4 is received unserved with remark "No such person by the name of Respondent No.4 residing at Village Kolki, TalukaPhaltan". Respondent No.4 was Opponent No.1 before the M.A.C.T., Satara and was apparently served on same address.

Hence, it is evident that Respondent No.4 cannot be served by regular mode of service. Hence, there is no other way to serve Respondent No.4 except by way of Publication of Notice in local Newspapers 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.4, returnable after 8 weeks.

sd/- Registrar (Judl.-II) dsm - R(J-II) - 10.10.16