Gulam Rasul Abdul Samad v. Kamlabai Shivnarayan Alias Pannalal And Another

67-CA-3685-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3685 OF 2023 IN CIVIL APPLICATION NO. 8798 OF 2016 IN CIVIL REVISION APPLICATION NO. 194 OF 2013 Gulam Rasul S/o Abdul Samad ...Applicant

Versus

Kamlabai Shivnarayan @ Pannalal and Anr

...Respondents

...

Mr. S. E. Siddiqui, Advocate for the Applicant. ...

CORAM:R.M. JOSHI, J DATE :MARCH 20, 2023 PER COURT :

1.

This Application is filed by the Appellant for restoration of Civil Application against Respondent No. 1, which came to be dismissed for want of steps taken by the Appellant.

2.

It is contended by the Applicant that he tried his level best to find out the address of the Respondent No. 1, but could not trace out the same. Now, the Applicant seeks permission to serve the Respondent No. 1 by publication of notice in the news paper with statement that he could not trace out

67-CA-3685-2023.odt correct address of the Respondent No. 1.

3.

This indicates that Applicant has inclination to proceed against the Respondent No. 1. In the interest of justice, the order passed by this Court dismissing Application against Respondent No. 1 is set aside. The Application is allowed in terms of prayer clause 'B'. The Respondent No. 1 be served notice of Civil Application No. 8798/2016 by paper publication as prayed.

4.

List the Civil Application No. 8798 of 2016 & CRA No. 194 of 2013 on 05th June, 2023.

(R.M. JOSHI, J.) Malani