Sandip Gorakh Patil v. Noormohammad Abdul Khan And ORS

1 923CA7475.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

923 CIVIL APPLICATION NO. 2341 OF 2025 IN FAST/12809/2019 Sandip Gorakh Patil

VERSUS

Noormohammad Abdul Khan And Ors ...

Mr. Madhav M. Bhokarikar - Advocate for Applicant ...

CORAM : NEERAJ P. DHOTE, J.

DATED : 25TH APRIL 2025 PER COURT : - 1.

This is an Application by the Original Claimants, who are also the Appellants in the Appeal, to serve Respondent Nos. 1 and 2, who are the driver and the owner of the offending vehicle respectively, by way of paper publication.

2.

Learned Advocate for the Applicants points out paragraph nos. 4 and 5 of the impugned Judgment and Award, which reads as under : - "4.

Respondent No. 1 - driver of the offending vehicle though appeared, failed to file his written-statement, hence petition proceeded "without W.S." against him. 5.

Respondent No. 2 - owner of the offending vehicle though served with public notice, failed to appear, hence claim proceeded ex-parte against him."

3.

The learned Advocate for the Applicants submits that he will serve Respondent No. 1 by RP.A.D. and Respondent No. 2 by paper SG Punde

2 923CA7475.2019.odt publication having wide circulation in the area where Respondent No. 2 resides.

4.

In view of the above submission, the Applicant is allowed to serve Respondent No. 2 by way of paper publication having wide circulation in the area where Respondent No. 2 resides and Respondent No. 1 by way of RP.A.D.

5.

Issue fresh notice to Respondent Nos. 1 and 2, returnable on th June, 2025 .

6.

Application stands disposed off.

[NEERAJ P. DHOTE] JUDGE Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 29/04/2025 10:35:26 SG Punde