Annasaheb Kashinath Gandhale And Another v. Sumatilal Zumbarlal Gujarani And Others

1200.20CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 960 CIVIL APPLICATION NO.1200 OF 2020 IN SAST/5457/2019 ANNASAHEB KASHINATH GANDHALE AND ANOTHER

VERSUS

SUMATILAL ZUMBARLAL GUJARANI AND OTHERS ...

Mr.N.N. Bhagwat h/f Mr.C.K. Shinde, Advocate for applicants.

Mr.S.K. Shinde, Advocate for respondent no.1. ...

CORAM: V.L. ACHLIYA,J.

DATE : 14.02.2020 ORAL ORDER:

The applicant has moved this application seeking permission to serve notice to the respondent nos.2 to 4 by way of paper publication for the reasons set out in detail in the application.

2.

Heard learned counsel for the applicants.

3.

In brief it is the contention of learned counsel for the applicants that the notice could not be served to respondent nos.2 to 4 by way of ordinary mode of service. Notices sent to them are returned unserved with endorsement not residing at the given address. It is submitted that except

1200.20CA.odt the address given in cause title, the applicants are not aware of any address of the said respondents.

4.

Considering the cause assigned and facts stated in the application supported by affidavit, I am of the view, the application deserves to be allowed. Accordingly, the application is allowed in terms of prayer clause-B subject to payment of publication charges to be paid directly to the concerned news paper.

5.

Notice to the respondent nos.2 to 4 by publication be made returnable on 27th March, 2020.

6.

Civil Application is disposed of in above terms.

[V.L. ACHLIYA] JUDGE SGA