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Bombay High CourtCA/9293/2017admittedallowedgrantedrule absolute

Dadarao Nana More Died Lrs Dnyanoba Died Sopan And ANR v. The State Of Maharashtra Through The Collector, Parbhani And ORS

2017-07-24Hon'Ble Shri Justice Sangitrao S. Patil2 pages

1 15-CA-9293 pIN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9293 OF 2017 IN CA/10130/2016 WITH CA/10130/2016 IN SA/477/2016 DADARAO NANA MORE (DIED) THROUGH LRS DNYANOBA DIED SOPAN AND ANR.

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, PARBHANI AND ORS.

-- Mr.M.P.Kale, Advocate for applicants Mr.G.R.Syed, Advocate for respondent no.2/1 -- CORAM : SANGITRAO S. PATIL, J.

DATE : JULY 24, 2017 PER COURT :

The learned Counsel for the applicants submits that despite several attempts being made to serve respondent nos.3/1 to 3/4 and 4, they could not be served as they are not traceable. He, therefore, seeks permission to publish a notice in 'Daily Lokmat', Parbhani edition for getting them served.

2 15-CA-9293 2.

Since the attempts to trace out respondent nos.3/1 to 3/4 and 4 have failed, there is no alternative but to issue substitute process for serving notice upon them.

3.

Therefore, the application is allowed.

Notices be issued against respondent nos.3/1 to 3/4 and 4 by publishing them well in advance in 'Daily Lokmat', Parbhani edition, at the costs of the applicants.

4.

Stand over to 21.08.2017.

[SANGITRAO S. PATIL, J.] kbp