Abhilash Bhagwanrao Lokhande v. Saidur Raheman Mohamad Saheb And ORS

1 911CA5329.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

911 CIVIL APPLICATION NO. 5329 OF 2025 IN FA/1764/2020 Abhilash Bhagwanrao Lokhande

VERSUS

Saidur Raheman Mohamad Saheb And Ors ...

Mr. Vinod D. Godbharle - Advocate for Applicant Mr. M. J. Sharma h/f Mr. Mohit R. Deshmukh - Advocate for Respondent No. 6 ...

CORAM : NEERAJ P. DHOTE, J.

DATED : 06TH MAY 2025 PER COURT : - 1.

Leave to amend the Application. Amendment be carried out within a period of one (1) week.

2.

By this Application, the Applicant seeks permission to serve Respondent Nos. 1 and 2, who are the driver and owner of the offending vehicle, by way of paper publication.

3.

The office note shows that Respondent Nos. 1 and 2 could not be served as they were not found on the given address. The learned Advocate for the Applicants submits that in the connected Appeal arising out of the same accident, Respondent Nos. 1 and 2, driver and the owner, were permitted to be served through the paper publication by order dated 12.04.2023 passed in First Appeal No. 1844 of 2019. The copy of the said order is enclosed with this Application. SG Punde

2 911CA5329.2025.odt 4.

In view of the above factual aspects, the Application is allowed in terms of prayer clause 'A' thereof. 5.

The Applicant is permitted to serve Respondent Nos. 1 and 2 by paper publication in the newspaper, namely, 'Navarashtra', Mumbai Edition. Returnable date in the paper publication be made 1 st July, 2025 .

6.

Since the correct address of Respondent No. 3 is replaced in the Appeal memo, issue fresh notice to Respondent No. 3, returnable after eight (8) weeks.

[NEERAJ P. DHOTE] JUDGE Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 08/05/2025 14:45:44 SG Punde