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Bombay High CourtCA/11379/2023admittedallowedgrantedrule absolute

Sudhakar Lalu Gandhare v. Mr. Durgadas Digambar Yennawar And ANR

2023-09-12Hon'Ble Shri Justice Kishore C. Sant2 pages

(1) 21ca11379.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 21 CIVIL APPLICATION NO.11379 OF 2023 IN FAST/34212/2019 SUDHAKAR LALU GANDHARE

VERSUS

MR. DURGADAS DIGAMBAR YENNAWAR AND ANR Mr. Kiran M. Nagarkar, Advocate for the applicant CORAM : KISHORE C. SANT, J.

DATE: 12th SEPTEMBER, 2023 P. C.

1.

Office had issued notice to respondent No.1 on the address at Nanded. The bailiff had been to serve the notice on the above said address. However, it is reported that respondent has shifted to Pune by selling his property at Nanded. Though the notice was given on mobile phone, actual notice could not be served. This application is therefore, filed seeking direction to serve respondent No.1 by way of paper publication by publishing notice in the daily news paper i.e. Daily Pudhari. 2.

In view of the fact and in view of the bailiff report

(2) 21ca11379.23 this court finds that application deserves to be allowed. Hence, the application stands allowed. Office to hand over the packet for issuing paper publication.

3.

Issue notice to respondent No.1 by paper publication, returnable on 25-10-2023. The appellant shall publish the notice on his own cost in the news paper at least two weeks before the next date.

[KISHORE C. SANT, J.] VishalK/21ca11379.23