Rajendra Anantrao Gaikwad v. Kashinath Anantrao Gaikwad And ORS

8 caw2844-15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2844 OF 2015 IN WRIT PETITION NO.6829 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mrs.Jayashree Gite i/b Mr.A.B.Tajane for the petitioner None for the respondent CORAM : K. K. TATED, J.

DATE : JUNE 20, 2016 P.C.:

Heard the learned counsel for the applicant.

This application is for setting aside the order dated 8.7.2015 passed by learned Registrar (Judicial-I) by which the petition stands dismissed against respondent nos.12 and 13 for want of service.

Advocate for the petitioner further prays that petitioner be permitted to serve respondent nos.12 and 13 by publication in Daily Newspaper as per Order V Rule 20 of the Code of Civil Procedure, 1908.

Mohite 1/2

8 caw2844-15 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. Hence, following order:

A) Order dated 8.7.2015 passed by learned Registrar (Judicial-I) is set aside.

B) Applicant is permitted to serve the respondent nos.12 and 13 by publication in Daily Newspapers as per Order V Rule 20 of the Code of Civil Procedure, 1908.

C) Publication be completed within 12 weeks from today, failing which Civil Application shall stand dismissed without referring back to the court.

D) Civil application stands disposed off accordingly.

JUDGE Mohite 2/2