Sanket Suryakant Pathak v. Sachin Dhanraj Katariya And ANR

9348.19CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO.9348 OF 2019 IN FIRST APPEAL NO.2087 OF 2016 SANKET SURYAKANT PATHAK

VERSUS

SACHIN DHANRAJ KATARIYA & ANOTHER ...

Advocate for the Applicant : Mr.S.B.Choudhari ...

CORAM : V.L.ACHLIYA,J.

DATE : 10.12.2019 PER COURT:

1] This application is filed seeking permission to serve respondent no.1 by way of paper publication for the reasons set out in detail in the application.

2] Heard learned counsel for the applicant.

3] In brief, it is the contention of the learned counsel for the applicant that notice sent to respondent no.1 is returned unserved with endorsement that 'respondent no.1 is not residing on the given address'.

It is submitted that except address given,

9348.19CA.odt the applicant is not knowing any other address of respondent no.1.

4] Considering cause assigned, supported with the affidavit filed, I am of the view that application deserves to be allowed. Accordingly, application is allowed in terms of prayer clause-A, subject to payment of publication charges to be payable directly to the concerned news-paper. Notice be made returnable on 31st January, 2020.

[V.L.ACHLIYA] JUDGE DDC