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Bombay High CourtCA/1036/2022disposed off

Vaijnath Sangram Alias Sangappa Itke v. Kallappa Bhimrao Itake And Others

2022-02-01Hon'Ble Smt. Justice Bharati Harish Dangre2 pages

1036.22ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1036 OF 2022 IN WP/11030/2015 WITH WP/11030/2015 WITH CA/12482/2016 IN WP/11030/2015 VAIJNATH SANGRAM ALIAS SANGAPPA ITKE

VERSUS

KALLAPPA BHIMRAO ITAKE AND OTHERS ...

Mr R. R. Deshmukh, Advocate h/f Mr R. B. Deshmukh, Advocate for petitioner CORAM : SMT. BHARATI DANGRE, J.

DATE : 1st February, 2022 PER COURT:

1.

By the present civil application, the service on respondent Nos.2, 4(ii) and 4(iii) is sought by paper publication, in the backdrop of the fact that the aforesaid respondents are trying to avoid summons and therefore, the provision of substituted service under Order V Rule 20 is invoked.

Heard the learned Counsel for the applicant and perused the application, which justify it being granted in terms of prayer clause (A), which reads thus :

"A) The civil application may kindly be allowed and applicant may kindly be permitted serve the Respondent

1036.22ca (2) no. 2, Respondent no. 4(ii) and respondent no. 4(iii) by paper publication in Daily News paper "Ekmat" for the effective service."

2.

In the wake of the above, the civil application is allowed. Necessary steps be taken in furtherance of the aforesaid prayer. List the writ petition after four weeks. Interim relief to continue.

(SMT. BHARATI DANGRE, J.) sjk