Chandrasheela Ramchandra Shirsat And Others v. Babasaheb Kaduba Shete And Others

2725.20CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO. 2725 OF 2020 IN CIVIL APPLICATION NO.9351 OF 2019 IN FIRST APPEAL NO.148 OF 2014 CHANDRASHEELA RAMCHANDRA SHIRSAT & OTHERS

VERSUS

BABASAHEB KADUBA SHETE & OTHERS ...

Ms.S.R.Awhad, Advocate holding for Mr.Anandsingh Bayas, Advocate for the applicants.

Mr.A.U.Deshmukh, Advocate for the respondent no.1.

Mr.S.S.Dargad, Advocate holding for Mr.S.G.Chapalgaonkar, Advocate for the respondent no.2.

...

CORAM : V.L.ACHLIYA,J.

DATE : 28.02.2020 P.C.

1] The applicants have moved this application under Order V Rule 20 of the Civil Procedure Code, seeking substituted service by way of paper publication for the reasons set out in detail in the application. 2] Heard learned counsel for the applicants and the respondents. Perused the report.

2725.20CA.odt 3] On due considerations of the submissions advanced in the light of the facts pleaded in the application, supported with the affidavit, I am of the view that application deserves to be allowed.

Accordingly, the application is allowed in terms of prayer clause-B, subject to condition the applicants to furnish the name of the news-paper, having wide circulation within the District of Aurangabad and publication charges to be paid directly to the concerned news-paper. Notice be made to the respondent no.3, returnable on 3rd April, 2020.

4] Civil Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC