Alliya Zahoor Sayed Thr. Poa Zahoor Mohd. Sayyed v. Sunder Sudhakar Jodhpurkar

1 8-iii.ia-2501-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2501 OF 2023 IN WRIT PETITION NO.7980 OF 2022 [Alliya Vs. Sunder] Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Rahul S. Kulkarni, Advocate for Applicant. CORAM : SARANG V. KOTWAL, J.

DATE : 21st MARCH, 2023 P.C.:

1.

This Interim Application is preferred by the original Petitioner. The Applicant, vide that Petition, has challenged the order passed below Exhibit-31 in Civil Appeal No.548/2012 passed by the Principal District Judge, Pune wherein the Petitioner's application for additional evidence under O-41 R-27 of CPC was rejected. In another Writ Petition, notices were issued to the Respondents and ad-interim relief was also granted. The office remark shows that the notice issued to the sole respondent was returned unserved with bailiff's report dated 17.8.2022 that the address was incomplete.

2.

Learned counsel for the Applicant submitted that he had taken the address from the cause-title of the suit and he does not have any other address of the Respondent. In this 1/2

2 8-iii.ia-2501-23 case, it has become very difficult to serve the Respondent. Therefore, he is seeking substituted service under Order V Rule 20 sub-rule 1-A of C.P.C..

3.

Considering this genuine difficulty, the application is allowed in terms of prayer clause (a).

4.

Learned counsel for the applicant to comply with the rules and regulations in this behalf with the Registry. 5.

Interim Application is disposed of accordingly. (SARANG V. KOTWAL, J.) Deshmane (PS) 2/2