Mr. Anthony Patrick Lewis v. Hubert A. Hendriques And ORS

33-CAF2074-17.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2074 OF 2017 IN FIRST APPEAL ST NO. 29415 OF 2014 Anthony Patrick Lewis ...Applicant

Versus

Hubert A Hendriques & Ors

...Respondents

Mr S Murthy, with Abhijeet Patil, i/b Vikrant K Narkar, for the Applicant.

CORAM: G.S. PATEL, J DATED:

2nd August 2017 PC:- 1.

The applicant seeks leave to permit service of Civil Application No. 2915 of 2015 (for delay condonation) and the first appeal by substituted service. He says that regular service has not been possible although ordered on respondents Nos. 3 to 6, 8, 9, 10B, 13 and 14 since their premises either been vacated or partly demolished. The applicant claims not to know of the whereabouts of these respondents. The relief sought is to serve by publication in Navshakti and Free Press Journal.

2nd August 2017

33-CAF2074-17.DOC 2.

The civil application is made absolute in terms of prayer clauses (a) and (b).

3.

Advertisement to be issued in a format approved by the Registrar (Judicial-1) on or before 31st August 2017. Affidavit proving publication to be filed within three weeks thereafter. 4.

List the First Appeal on 4th October 2017 along with accompanying civil applications.

5.

Issue fresh notice to the legal heirs of respondent No. 12 who are already impleaded.

6.

The civil application is disposed of accordingly. No costs. (G. S. PATEL, J) 2nd August 2017