Dyneshwar Kashinath Mali (Pagare) v. Shaikh Salim Shaikh Hamid Khan And ORS

2025:BHC-AUG:13453 10022.24ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 CIVIL APPLICATION NO. 10022 OF 2024 IN FAST/11242/2023 DYNESHWAR KASHINATH MALI (PAGARE)

VERSUS

SHAIKH SALIM SHAIKH HAMID KHAN AND ORS ....

Mr A. D. Sonar, Advocate for applicant CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 6th May, 2025 PER COURT:

1.

This is an application for effecting service of notice upon respondent No.1 under Order V Rule 20(1-A) of the Code of Civil Procedure by way of paper publication.

2.

Learned counsel for the applicant submits that respondent No.1, who was driver of offending vehicle, could not be served as he was out of station whenever an attempt was made to effect service upon him. It is also submitted that, in view of the bailiff's report at the stage of effecting service of the application for condonation of delay, it was revealed that respondent No.1 was not residing on the address earlier known to the applicant/appellant, and therefore, for effecting

10022.24ca (2) service upon respondent No.1, service may be permitted through paper publication.

3.

Considering the submissions advanced and reasons stated in paragraph Nos.2 and 3 of the civil application, the same is allowed. Respondent No.1 be served through paper publication in "Dainik Warta" newspaper of Dhule City. Notice to respondent No.1 is made returnable on 18/07/2025.

(PRAFULLA S. KHUBALKAR, J.) sjk