Shri Janardan Narsingh Mahajan (Decd) Through Lr, Naval Mahajan v. Messers Makhija Vohra Builders And ORS

CAW3100_16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3100 OF 2016 IN CIVIL APPLICATION NO.462 OF 2016 IN WRIT PETITION NO.6324 OF 1999 Office Notes, Office Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Court's or Judge's orders Mr. Krishna N. Kore for Applicant.

CORAM : R. G. KETKAR, J.

DATE : 16TH DECEMBER, 2016 P.C.:

Heard Mr. Kore, learned Counsel for the applicant. 2.

By this Application, applicant has prayed for effecting substituted service on respondents No.6 and 7(i) to 7(iii) of Civil Application No.462 of 2016 by affixing notices on some conspicuous part of the house where respondents are residing at present or carrying on business or personally working for gain. Perusal of the Bailiff's report dated 01.07.2016 shows that upon making inquiries with Chandrakant G. Godia, he informed that respondent No.6 is not residing at Kushal Villa, ground floor, Madhu Park, Khar (West), Mumbai 400 052 but is residing at the following address:

1/2

CAW3100_16.doc Dr. Praveena C/o. Shrikant Inamdar, 602-B, Kaveri Building, Opposite Shabari Hotel, M. G. Road, Goregaon (West), Mumbai 400 104.

3.

In view thereof, issue notice to the respondent No.6 on the above address, returnable on 13.01.2017. 4.

As far as the prayer for effecting substituted service on respondents No.7(i) to 7(iii) is concerned, liberty is reserved to the applicant to take out fresh application for substantiating the plea that these respondents are avoiding service. Civil Application is partly allowed in the aforesaid terms with liberty as indicated above. Order accordingly.

(R. G. KETKAR, J.) Minal Parab 2/2