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Bombay High CourtCA/7889/2023admittedallowedgrantedrule absolute

Dattu Santu Budha Lrs Sudam And ORS v. Ammenabi Mir Hussain Khan Lrs Mahmoodabi And ORS

2023-07-28Hon'Ble Shri Justice S. G. Chapalgaonkar1 pages

{1} 979 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 979 CIVIL APPLICATION NO.7889 OF 2023 IN CA/8573/2022 WITH CA/8573/2022 IN CA/8854/2015 WITH CA/8574/2022 IN SA/406/1980 DATTU SANTU BUDHA LRS SUDAM AND ORS

VERSUS

AMMENABI MIR HUSSAIN KHAN LRS MAHMOODABI AND ORS ...

Advocate for Applicants :Miss Preeti R. Wankhede Adv. for Respondent No.1-2B1/2C to 1/2F: Mr. R.H. Wagh. Advocate for respondent No. 1/2E : Mr. Faij Khan. CORAM : S.G. CHAPALGAONKAR, J.

DATE : 28TH JULY, 2023 ORDER :- The applicants seek to serve respondent No. 1/2-hb i.e. Nasreen Sultana w/o. Shakil Ahmed, by way of paper publication since the regular notice issued to her has returned back with endorsement "insufficient address".

2.

Ms. Wankhede submits that the address of the unserved respondents is as per the address given in the Execution Proceeding and no other address is available for service.

3.

In that view of the matter, the application is allowed in terms of prayer clause (B). Notice is made returnable on 8th September, 2023. 4.

Post the matter for further consideration on 22nd September, 2023.

5.

Interim relief, if any, to continue till next date. [S.G. CHAPALGAONKAR] JUDGE grt/-