Shri.Arvinder Pal Ahuja v. Shri.Jatinder Pal Singh Hundal Since Deceased Thr. His Lrs.Shri.Sukhwinder Kaur Hundal.And ORS.

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.223 OF 2019 IN FIRST APPEAL ST. NO.8948 OF 2017 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate Nilesh Menon i/b M/s.Thakore Jariwala & Associates Present for Appellant.

CORAM : V.R. KACHARE REGISTRAR (JUDL - II) Date : 26th April, 2019 This matter was placed for substitute service by way of the Publication in Newspapers namely "Free Press Journal" and "Navshakti".

Perused records, it appears that Notice issued through Bailiff to Respondent Nos.4(ii) and 5 returned unserved with remark "not residing at given address".

Moreover, R.P.A.D. Notice issued to Respondent Nos.4(ii) and 5 returned unserved with postal remark "unclaimed".

The addresses mentioned in above Notices are similar addresses mentioned in Appeal Memo and also in Judgment of the Lower Court of The Judge, City Civil Court, Dindoshi, Borivali Division, Mumbai.

This is sufficient to allow the application regarding substitute service of Respondent Nos.4(ii) and 5 by way of Publication in Daily Newspapers "Navshakti" and "Free Press Journal".

In view of this, Civil Application for Publication is allowed in terms of prayer clause (a) returnable by 8 weeks (excluding Summer Vacation).

sd/- Registrar (Judl.-II) dsm - R(J-II) - 26.04.19