The Commissioner Nashik Municipal Corporation, Nashik v. Smt.Kalawatibai Govind Chandrate,Since Deceased By Her Lrs And Lrs 1.Rajani Ramesh Kulkarni And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1727/2019 IN FIRST APPEAL (ST)NO.6954/2017 The Commissioner Nashik Municipal Corporation .... Applicant.

Vs.

Smt.Kalawati G. Chandrate & Ors.

... Respondents.

Advocate Mr.M.L. Patil for applicant.

Advocate. Mr. M.S. Mulla I/b Sachin Gate for respondent no.6.

Advcate Mrs.Anamita Malhotra AGP for respondent no.7.

CORAM

: K.K.TATED, J.

DATED : JULY 8, 2019.

P.C.

Not on board. Pursuant to preceipe dated 5.7.2019 filed by learned advocate for applicant, matter is taken on production board for urgent orders.

2.

Heard learned counsel for parties.

3.

By this application, applicant/appellant is seeking substituted service as per Order 5 Rule 20 of CPC on respondents.

Chitra Sonawane 1

Considering the submissions made by learned advocate for applicant and the averments in civil application, I am satisfied that appellant has made out a case for following order.

A) Civil application is allowed in terms of prayer clause (a) which reads thus;

a)The respondent nos.1A to 1D, 1E1, 1E2, 2, 3 and 5 be served by substituted service as per Order 5 Rule 20 of CPC and also by an Advertisement published in the Daily Newspaper Divya Marathi and Lokmat English published from Nashik."

B) Applicant to serve these unserved respondent by publishing notice in newspaper one Marathi and another English.

C) Service be completed on or before 30.9.2019 and file affidavit service to that effect, failing which civil application shall stand dismissed, without referring back to the court. D) Civil application is disposed of.

E) No order as to cost.

(K.K.TATED, J.) Chitra Sonawane 2

Chitra Sonawane 3