Parmeshwar S/O. Baburao Sukre And Others v. Suwarna W/O Prameshwar Sukre

Cri.W.P. No.551/2019 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.551 OF 2019 WITH CRIMINAL APPLICATION NO.1193 OF 2022 Parmeshwar s/o Bapurao Sukre & ors.

... PETITIONERS

VERSUS

Suwarna w/o Parmeshwar Sukre ... RESPONDENT .......

Mr. S.B. Bhosle, Advocate for applicants .......

CORAM :

R. G. AVACHAT, J.

DATE :

25th APRIL, 2022.

PER COURT :

Learned counsel for the petitioner does not press Criminal Application No.1193/2022, which is filed to serve the respondent by paper publication. As such, Criminal Application No.1193/2022 stands disposed of as not pressed. 2.

An affidavit has been placed on record, stating therein that the respondent - wife has been residing on the very address on which she had already been served with notice/s of the proceedings before the subordinate Court. Here, the postal envelope containing the notice has returned with a remark "Unclaimed". In view of Section 27 of the

Cri.W.P. No.551/2019 :: 2 ::

General Clauses Act, service is held to be good. It was, however, a notice regarding pre-admission stage. The respondent, therefore, needs to be served again with a notice of final hearing of this Criminal Writ Petition. 3.

Re-issue notice to the respondent of final hearing of the Criminal Writ Petition No.551/2019 on the very address, returnable on 13th June 2022. In addition to the Court notice, the petitioners are permitted to serve the respondent privately by any other permissible mode of service and shall file affidavit to that effect.

( R. G. AVACHAT ) JUDGE fmp/-