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Bombay High CourtCA/7193/2025admittedallowedgrantedrule absolute

Arvind Purshottam Deshpande (Died) Lrs Sachin And Others v. The State Of Maharashtra And Others

2025-07-16Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

642.18sa (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO. 7192 OF 2025 IN SA/642/2018 AND CIVIL APPLICATION NO. 7193 OF 2025 IN SA/642/2018 ARVIND PURSHOTTAM DESHPANDE (DIED) LRS SACHIN AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr Dhananjay P. Deshpande, Advocate for applicants Mr S. K. Shirse, A.G.P. for respondents/State CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 16th July, 2025 PER COURT:

CIVIL APPLICATION NO.7192 OF 2025 1.

Issue notice to the proposed respondents, returnable on 02/09/2025.

CIVIL APPLICATION NO.7193 OF 2025 2.

This is an application for effecting service upon respondent No.13/C and 13/D by substituting service by way of publication of notice in newspaper.

642.18sa (2) 3.

Learned counsel for the applicants/appellants submits that, despite all the efforts to serve upon respondent Nos.13/C and 13/D on the addresses which are mentioned in the proceedings, the service could not be effected. It is submitted that, after enquiry in the villages also, the new addresses of these respondents could not be traced. It is pointed out that respondents have changed their addresses and the new addresses can not be ascertained and therefore, a request is made for substited service.

4.

In view of reasons mentioned in the application in paragraph Nos.2 to 4 and having considered the submissions advanced, the application needs to be allowed. Accordingly, the same is allowed. 5.

The applicants/appellants are permitted to serve respondent Nos.13/C and 13/D by way of paper publication in 'Daily Lokmat', Beed Edition.

6.

This civil application is disposed of.

(PRAFULLA S. KHUBALKAR, J.) sjk