Bhivsan Sampat Sul (Dead) Thro. Lrs Shobhabai And Others v. Appa Mahipati Ugle (Deceased) Lrs Jagdeo And Others

11664.19CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 971 CIVIL APPLICATION NO.11664 OF 2019 IN SA/31/2019 BHIVSAN SAMPAT SUL (DEAD) THRO. LRS SHOBHABAI AND OTHERS

VERSUS

APPA MAHIPATI UGLE (DECEASED) LRS JAGDEO AND OTHERS ...

Advocate for Applicants : Dr.S.D.Tawshikar Advocate for Respondent nos.1A, 1C and 3A :

Mr.A.D.Sonkawale, Advocate holding for Mr.A.D.Shinde ...

CORAM : V.L.ACHLIYA,J.

DATE : 27.09.2019 PER COURT:

1] This Application is filed by the applicants to serve respondent No.1-B by way of paper publication for the reasons set out in detail in the Application.

2] Heard the learned counsel for the applicants. Perused the Application.

3] On due consideration of the submissions advanced in the light of the facts stated in the Application supported with affidavit, I am of the view that cause is made out to allow the applicants to serve

11664.19CA.odt respondent No.1-B by way of paper publication. Accordingly, the Application is allowed in terms of prayer clause 'B' subject to payment of publication charges to be paid directly to the concerned newspaper. Notice be published in the newspaper having wide circulation where the respondent No.1-B is shown to be lastly residing.

4] Civil Application is disposed of in above terms.

5] Notice be made returnable on 18th November, 2019.

[V.L.ACHLIYA] JUDGE DDC