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Bombay High CourtCA/11259/2022admittedallowedgrantedrule absolute

Kashinath Vithal Bhusare (Died) Thr Lrs Prakash And ORS v. Sumanbai Motiram Patil And ANR

2022-09-21Hon'Ble Shri Justice S. G. Dige2 pages

11259.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 952 CIVIL APPLICATION NO.11259 OF 2022 IN FIRST APPEAL NO.485 OF 2016 KASHINATH VITHAL BHUSARE (DIED) THROUGH L.Rs. PRAKASH & OTHERS

VERSUS

SUMANBAI MOTIRAM PATIL & ANOTHER ...

Advocate for the applicants : Mr.S.T.Mahajan ...

CORAM : S.G.DIGE, J.

DATE : 21.09.2022 P.C. :

1] Heard the learned counsel for the applicants. The learned counsel for the applicants submits that the applicants have taken steps for service of notice against respondent nos.1 and 2 but notice could not be served on them, hence, the application is filed for paper publication against them. The learned counsel further submits that now respondent no.2 is died. There are no legal heirs of her, hence, paper publication be made against respondent no.1 only.

2] Considering the submissions of learned counsel for the applicants, application is allowed in terms of prayer clause-B in respect of respondent no.1 only. Paper publication be made in daily 'Lokmat', Thane Edition.

11259.22CA 3] List the matter on 25th November, 2022.

[S.G.DIGE] JUDGE DDC