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Smt. Geeta Shirish Borawake Aand ANR. v. Rajendra Nathu Gaikwad And ANR.

2015-12-02Registrar(Judicial Ii Sa)2 pages

ppn 1 2.casst-34407.12.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST.) NO.34407 OF 2012 IN SECOND APPEAL NO.16 OF 2011 Geeta Shirish Borawake & Anr.

..

Applicants Vs.

Rajendra Nathu Gaikwad & Anr.

..

Respondents --- Mr.Shailendra Kanetkar for the applicants.

None for the respondents.

--- CORAM : R.D. DHANUKA, J.

DATE : 2nd December 2015 P.C.

.

Not on board. Taken on board.

2.

By this civil application, the applicants seek permission to serve notice to the respondent no.1 by way of paper publication at his last known address. It the case of the applicants that the applicants have tried to serve the respondent no.1 on his last known address, however, he is not found at the said address. The applicants are not aware of new address of the respondent no.1 and has thus filed this civil application for seeking permission to serve notice to the respondent no.1 by way of paper publication in 'Daily Prabhat' which is one of the newspapers published in the city of Pune, at his last known address as shown in the cause title of the appeal.

3.

For the reasons recorded in the civil application, civil application is allowed in terms of prayer clause (a). The applicants shall publish a notice in the newspapers described in prayer clause (a) within

ppn 2 2.casst-34407.12.doc six weeks from today and shall file affidavit of service before the next date. It is made clear that no further extension would be granted. If the service is not effected on the respondent no.1 and affidavit of service is not filed before the next date, this civil application shall stand dismissed without further reference to the Court and the order dated 21st November 2012 passed by the Registrar (Judicial-II) shall stand restored. No order as to costs.

4.

Place the Second Appeal on board for 'Admission' after eight weeks.

R.D. DHANUKA, J.