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Bombay High CourtCA/7381/2019disposed offdismissed for default

Suresh Dadasaheb Matsagar v. Mukesh Dwarkadish Garg And ANR

2019-07-05Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

1075-ca-7381-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1075 CIVIL APPLICATION NO.7381 OF 2019 IN FAST/37511/2015 SURESH DADASAHEB MATSAGAR

VERSUS

MUKESH DWARKADISH GARG ANDANR ...

Advocate for Applicant : Mr. Garud V. B.

Advocate for Respondent No.2 : Mr. Pagare S. N. ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 5th JULY 2019 ORDER :

1.

Present application has been filed for allowing the respondent No.1 to serve through paper publication. 2.

Notice was given to respondent No.1 and it has been returned unserved on the ground that he is not residing at the said address now. Perusal of the report of the bailiff would show that when he made enquiry about respondent No.1 at the given address, it was told that he has shifted to Waluj. However, no specific address was given. It also appears that the bailiff had tried to contact him on his Mobile Number, however, that is also switched off. However, it appears that the said address was the last known address of respondent No.1 to the applicant.

1075-ca-7381-19.doc 3.

Under such circumstance, application deserves to be allowed in terms of prayer clause 'B', to be made returnable on 03-10-2019.

4.

Civil Application stands disposed of accordingly. ( Smt. Vibha Kankanwadi, J. ) Shubham/