Ambikarasad Ganeshprasad Tiwari v. Chandrasing Nathusingh Gautam And Others

915-CA-10176-2019.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO.10716 OF 2019 IN SAST/19152/2018 AMBIKARASAD GANESHPRASAD TIWARI

VERSUS

CHANDRASING NATHUSINGH GAUTAM AND OTHERS ...

Advocate for Applicant : Mr. R.L. Chhabada i/b Legal United Law Firm Advocate for Respondent Nos.2-a, 2-b, 3 & 4 : Mr. A.M. Salok & M.k. Bhosale ...

CORAM : S.M. GAVHANE, J.

DATED : 03rd JANUARY, 2020.

PER COURT:- .

The applicant/appellant has moved this application to permit him to serve notice to respondent no.1 through substituted mode of service through paper publication in leading newspapers at Aurangabad as well as at Jafrabad, District Jalna.

2.

The learned counsel appearing for the appellant submitted that notice was sent to respondent no.1 on the address given in the memorandum of the appeal, but it has returned unserved with remark that the door was closed and respondent no.1 has been shifted to Aurangabad. It is submitted that the applicant is a resident of Gulbarga and is not aware of address of respondent no.1 in Aurangabad and therefore, sought permission to serve notice to respondent

915-CA-10176-2019.odt (2) no.1 through substituted mode.

3.

Considering the submissions made by the learned counsel for the applicant, the application is allowed in terms of prayer clause (B).

(S.M. GAVHANE, J.) Mujaheed//