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Bombay High CourtCA/10369/2025admittedallowedgrantedrule absolute

Amol Ashok Patil Through Next Friend Ashok Ukha Patil v. Sitaram Ramsharan Yadav And ANR

2025-09-23Hon'Ble Shri Justice Ajit B. Kadethankar2 pages

( 1 ) 940 CA 10369 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 CIVIL APPLICATION NO. 10369 OF 2025 IN FA/809/2023 AMOL ASHOK PATIL THROUGH NEXT FRIEND ASHOK UKHA PATIL

VERSUS

SITARAM RAMSHARAN YADAV AND ANR ...

Mr. M. M. Bhokarikar, Advocate for Applicant ...

CORAM

: AJIT B. KADETHANKAR, J.

DATE : 23.09.2025 PER COURT :- 1.

Mr. Bhokarikar, learned counsel for the applicant, submits that the address of respondent no.1, namely Sitaram Ramsharan Yadav, mentioned in the present First Appeal and the Application therein, is the same as the address in the title clause of the claim petition before the learned Tribunal. Mr. Bhokarikar further submits that despite having attempted to serve respondent no.1 by regular mode, service could not be effected due to the address being incomplete. He submits that the mentioned address of respondent no.1 is the last and best known address available to him. In the circumstances, Mr. Bhokarikar submits that this is a fit case for issuing notice to respondent no.1 by substituted service, by publishing the notice in the name of respondent no.1 in a local newspaper.

( 2 ) 940 CA 10369 OF 2025 2.

For the reasons stated in the application, the Civil Application is allowed.

3.

Registry is directed to issue notice to respondent no.1 through paper-publication in Daily Tarun Bharat, Mumbai/Thane Edition, at the cost of the applicants.

4.

Notice is made returnable on 02.12.2025.

[AJIT B. KADETHANKAR, J.] PRW