Babu Shankar Sarge v. Vishwanath Santappa Lohar Deceased Through Lrs Pralhad And Others

1 ca 4834.2021+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 CIVIL APPLICATION NO.4834 OF 2021 IN CA/2703/2019 WITH CA/10491/2022 IN CA/4834/2021 WITH CA/4835/2021 IN CA/2704/2019 WITH CA/9866/2023 IN CA/4834/2021 BABU SHANKAR SARGE

VERSUS

VISHWANATH SANTAPPA LOHAR DECEASED THROUGH LRS PRALHAD AND OTHERS ...

Advocate for Applicant: Mr. Gastgar Santosh B. Advocate for LRs. Of Respondent No.7 in CA/10491/2022:

Mr. S. N. Patne ...

CORAM :ARUN R. PEDNEKER, J.

DATE :09th AUGUST, 2023 PER COURT:

1.

In civil application no.10491 of 2022, Mr. S. N. Patne, learned counsel appears for the legal heirs of respondent no.7. The civil application is allowed and disposed of as there is no serious objection. Necessary amendment to be carried out within two (02) weeks from today. 2.

In civil application no.9866 of 2023, Mr. Gastgar Santosh B., learned counsel for the applicant submits that respondent no.11 is not

2 ca 4834.2021+ available at the given place, however, attempts were made to serve him. He seeks paper publication in the area where respondent no.11 is last known to have resided. The learned counsel submits that the newspaper Punya Nagri is widely circulated in the area in which respondent no.11 is last known to have resided.

In view of the same, the learned counsel is permitted to serve respondent no.11 by way of paper publication in the newspaper Punya Nagri. The publication to be carried out in the newspaper within a period of four (04) weeks. Affidavit to be filed along with the copy of the publication within a period of four (04) weeks.

The civil application no.9866 of 2023 is disposed of.

3.

Remaining applications to be taken up after service on respondent no.11.

4.

Stand over to 20.09.2023.

[ARUN R. PEDNEKER, J.] marathe