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Bombay High CourtCA/9602/2017admittedallowedgrantedrule absolute

Budha Dasu Rathod Died Lrs Saraswatibai And Others v. Abdul Majidkhan Hamid Khan Died Lrs Sattar Khan Died Lrs Nilofarbee And Others

2017-07-20Hon'Ble Shri Justice Nitin W. Sambre2 pages

CA 9602-2017 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9602 OF 2017 IN SECOND APPEAL NO. 361 of 1995 Budha Dasu Rathod (DIED) Through : Legal representatives Namdeo and others ...APPLICANTS

VERSUS

Abdul Majidkhan Hamid Khan (DIED) Through : Legal representatives Sattar Khan (DIED) Through Legal representatives Nilofarbee & Ors ..RESPONDENTS Mr S.A. Dhengle, Advocate for Applicants Mr G. K. Thigle, Advocate for respondent No. 1(IV), 1 (V). Mr V.V. Bhavthankar, Advocate for respondent No.1(II) to (VII),2(A) to2(J) Mr S. S. Choudhari, Advocate for respondents No. 4B,5J,6 & 7 CORAM : N.W. SAMBRE, J.

DATE : 20th July, 2017 ORAL ORDER It is claimed by the applicants that respondent No.3 is not seen for last about 20 years, and therefore, sought permission of this Court to serve notice on said respondent, who lastly resided at Kathoda Tanda Taluka Gevrai District Beed, through paper publication, which will be published in daily newspaper, having substantial circulation in the said vicinity, i.e. daily "Lokmat", to which there is no objection.

CA 9602-2017 (2) Hence application stands allowed in terms of Prayer Clause "B". Appropriate publication be carried out, within two weeks, and report to that effect be submitted to this Court.

( N.W. SAMBRE, J.) pjm