Sandu Sakharam Bhujang v. Chandramuni Bhikaji Mule And Others

2024:BHC-AUG:8949 (1) 9 CA-4209.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 9 CIVIL APPLICATION NO. 4209 OF 2024 IN AO/4/2023 WITH AO NO. 4 OF 2023 SANDU SAKHARAM BHUJANG

VERSUS

CHANDRAMUNI BHIKAJI MULE AND OTHERS ...

Mr. S.G. Jadhavar, Advocate for the appellant. Mr. Mahesh Kale, Advocate for respondent No.1. ...

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 29 APRIL 2024.

ORDER:- 1.

Heard rival submissions. The applicant is seeking service upon respondent No. 9 through paper publication as he could not be served on the last known address. 2.

The learned Counsel for respondents strongly opposed the application on the ground that appellant is negligent in taking steps. He also submitted that according to his instructions, respondent No.9 is no more. However, there is no death certificate produced on record. Under such circumstances, considering the fact that other respondents are already served the application stands allowed in terms of prayer clause (B) subject to payment of necessary directly to the concerned newspaper. Civil Application is disposed of accordingly.

3.

List the AO on 08.07.2024.

(SANDIPKUMAR C. MORE, J.) VD_Dhirde