Abdul Wahab Mohammed Jaffar v. Akhtari Begum Mohammed Yunus And ORS.

4.CAW No.2920 of 2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No.2920 of 2016 IN WRIT PETITION No.7843 of 2015 Abdul Wahab S/o.Mohammed Jaffar ...

Applicant/Petitioner In the matter between Mohamed Sadiq s/o. Mohammed Jaffar & Ors. ...Petitioners vs.

Shri.Races Alam Yusuf Alam & Ors.

...Respondents

Mr.Pradeep Ramchandani for Petitioners.

CORAM :- G. S. KULKARNI, J.

DATE :

JANUARY 22, 2021 PC :- 1.

Heard learned Counsel for the applicant.

2.

By this application, prayer is made that the petitioners be permitted to serve all the respondents with the amended writ petition by way of paper publication in any Urdu newspaper in Mumbai. Learned Counsel for the applicant states that all the respondents are Muslims and residents of Mumbai. He states that the newspaper in which the publication is intended is titled as 'Inkalab' published in the Urdu language. The application has made averments that all attempts to serve the respondents by regular mode of service has failed and therefore service by publication is necessitated.

4.CAW No.2920 of 2016.doc 3.

Having heard learned Counsel for the applicant and having perused the averments as made in the application, it is in the interest of justice that the application is allowed. It is accordingly allowed in the following terms:

ORDER

(i) Applicant is permitted to serve the respondents by a public notice to be published in local newspaper 'Inkalab'. (ii) Necessary steps be taken within 8 weeks from today. (iii) Affidavit of service enclosing the details of the publication be placed on record.

(iv) Civil application is disposed of in the above terms. No costs. (G. S. KULKARNI, J.) by Prajakta S.

Vartak Date:

2021.01.22 17:21:25 +0530 Prajakta S.

Vartak