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Bombay High CourtCA/1139/2020admittedallowedgrantedrule absolute

Ushabai Prakash Rathod v. Pradeep Sopan Kshirsagar And Others

2020-01-30Hon'Ble Shri Justice S. M. Gavhane1 pages

( 1 ) ca1139.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 CIVIL APPLICATION NO. 1139 OF 2020 IN SECOND APPEAL NO.276 OF 2019 WITH CA/5953/2019 IN SA/276/2019 USHABAI PRAKASH RATHOD

VERSUS

PRADEEP SOPAN KSHIRSAGAR AND OTHERS Mr. S. S. Shinde, Advocate for the applicant. CORAM :

S. M. GAVHANE, J.

DATED :

30.01.2020 PER COURT :- .

Appellant/applicant has filed this application to permit her to serve respondent No. 7 through paper publication in the light of prayer clause (B). 2.

Learned counsel for the applicant submitted that attempts were made to serve notice on respondent No.7 including private notice, but notice is returned with the remark, "Item returned addressee moved". It is submitted that again applicant issued private notice, but respondent No.7 is not accepting said notice deliberately. Considering the submissions, it is just to allow the applicant to serve notice on respondent No. 7 through paper publication and therefore application is allowed in terms of prayer clause (B).

3.

Interim relief, if any, operating to continue, till 23/03/2020.

[S. M. GAVHANE, J.] ssp/Jan.20/ca1139.20