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Bombay High CourtCA/5923/2017disposed offdismissed for default

Jagannath Dagdu Avhad v. Shamrao @ Gannpat Dagdu Dalvi And Others

2017-06-23Hon'Ble Shri Justice Ravindra V. Ghuge1 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5923 OF 2017 (Jagannath Dagdu Avhad Vs. Shamrao Dagdu Dalvi and others) IN WRIT PETITION NO.242 OF 2016 Mr.N.S.Jaju, Advocate for the applicant.

( CORAM : Ravindra V.Ghuge, J.) DATE : 23/06/2017 PER COURT :

1.

By this application, the applicant prays for issuance of notice as substituted service under Order 5 Rule 20 of the CPC to enable the applicant to serve respondent No.3 in the petition through paper publication. Though the newspaper 'Dainik Punya Nagari is mentioned in the prayer clause, Mr.Jaju, learned Advocate submits on instructions that the notice would be published in 'Marathi Dainik Divya Marathi', Ahmednagar Edition.

2.

Issue notice to respondent No.3, returnable on 14/07/2017. The applicant/petitioner shall have the notice published at his costs in Marathi 'Daily Divya Marathi', Ahmednagar Edition at least 7 days prior to the returnable date and place a copy of the newspaper on record.

3.

In view of the above, this application is allowed. ( Ravindra V.Ghuge, J.) khs/JUNE 2017/5923