Fransis Tatyaba Waghmare And Others v. Shalan Datyaba Waghmare And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 CIVIL APPLICATION NO. 3279 OF 2019 IN SA/26/2018 FRANSIS TATYABA WAGHMARE AND OTHERS

VERSUS

SHALAN DATYABA WAGHMARE AND OTHERS ...

Advocate for Appellants : Mr. Ketan D. Pote holding for Mr. Ambetkar Arvind G.

Advocate for Respondents No.1 to 3 : Mr. S. S. Jadhavar ...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 01-03-2019.

PER COURT :

1.

It appears that, respondent No.4 was not served. The old address of respondent No.4 was given in the new pursis also, but then when the notices were earlier issued that was returned unserved with remark that, he is not residing at that place since last twenty years. 2.

It appears that, the said address of respondent No.4 was in the proceedings before both Courts below. Under such circumstance it appears to be the last known address of respondent No.4, and therefore, he is required to be served through paper publication. 3.

Hence, application is allowed. Notice be issued to respondent No.4 in daily 'Lokmat' or daily 'Sakal' having circulation in Ahmednagar District. Necessary charges be paid by the applicants, made returnable on 12-04-2019.

4.

Interim relief, if any, to continue till then. (SMT. VIBHA KANKANWADI) JUDGE vjg/-.