Nanded Municipal Council Through Its Chief Offficer (Now Converted In To Municipal Nanded Waghla C) v. Bhagwan Ganoji More And ORS

35-CA-196-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

Pooja K.

BENCH AT AURANGABAD CIVIL APPLICATION NO. 196 OF 2023 IN SECOND APPEAL NO. 485 OF 1995 Nanded Municipal Council Thr its Chief Officer ... Applicant

Versus

Bhagwan Ganoji More and Ors.

... Respondents ...

Mr. M.D. Narwadkar - Advocate for Applicant Mr. P.G. Godhamgaonkar - Advocate for Respondent Nos.2, 5, 22, 32, 40, 43 and 44 ....

CORAM : GAURI GODSE, J.

DATE : 24th February, 2023 PER COURT :

1.

This Civil Application is filed for substituted service by newspaper publication for service upon respondent nos. 1, 6 to 14, 19, 20, 25 to 31, 34 to 39, 41, 42, 45, 47 to 49. 2.

It is submitted in the application that, in the trial court address of respondents was given, that of the Union and there was no independent address provided of the respondents for service upon them.

3.

Reasons stated in the application shows that service by regular 1/2

35-CA-196-2023 mode is not possible and case is made out for substituted service.

4.

For the reasons stated in the application, it is allowed in terms of prayer clause 'A', which reads as under :

"A) By allowing this Civil Application the applicant/appellant may be permitted to service the Respondent Nos.1, 6 to 14, 19, 20, 25 to 31, 34 to 39, 41, 42, 45, 47 to 49 by publishing the notice in "Dainik Prajawani" Nanded."

5.

Necessary compliance to be made within a period of eight weeks from today.

[ GAURI GODSE ] JUDGE 2/2