Bombay High CourtCA/1651/2016admittedallowedgrantedrule absolute

Narharrao Madhavrao Tungar Died Lrs Sau. Surekha And ORS v. Shamrao Madhavrao Tungar (Wadgaongar) Died Lrs Ravi And ORS

2016-02-10Registrar2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1651 OF 2016 IN SECOND APPEAL NO. 345 OF 1992 Narharrao Madhavrao Tungar died through L.Rs.

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Applicants

Versus

Shamrao Madhavrao Tungar died through L.Rs.

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Respondents Advocate present.

CORAM:

VIJAY S.KULKARNI REGISTRAR (JUDL) DATED: 10/02/2016 1.

Heard learned Advocate for the applicants. Perused record and proceedings. By filing this application, the appellants pray for service of notice to respondent no.1-E by way of paper publication in daily newspaper "Punyanagari" which is one of the widely circulated newpapers in Aurangabad. It has been mainly contended by the appellants that they had filed C.A.NO.671/2015 in Cross Appeal NO.2/2004 in F.A.NO.449/96 for substituted service to respondent namely Nanda Surendra Ghotankar by way of paper publication.

C.A.No.671/2015 has been allowed by the Hon'ble Court on 19.1.2015 and the notice of respondent namely Nanda Surendra Ghotankar has been published in the daily newspaper "Punyanagari". It is further contended by the ca1651.16

appellants that it would be in the interest of justice to permit the applicants to publish the notice of second appeal no.345/92 to respondent no.1-E Nanda Surendra Ghotankar in daily newspaper "Punyanagari". The applicants are ready and willing to deposit the necessary charges for paper publication of the notice against respondent no.1. The present application is supported by the affidavit. Taking into consideration the facts and circumstances and to enable to serve respondent no.1-E, I find substance in the submission and inclined to pass following order.

ORDER

C.A.No.1651/2016 is hereby allowed.

The applicants are permitted to serve respondent no.1-E by way of paper publication in daily newspaper "Punyanagari". Necessary charges be deposited with Editor of the concerned newspaper for the purpose of publication of notice.

Civil application stands disposed of accordingly. REGISTRAR (JUDL) ca1651.16