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Bombay High CourtCA/10499/2025admittedallowedgrantedrule absolute

Smt Karunabai Baban Rathod v. Shaikh Amjad Shaikh Gaffar

2025-09-25Hon'Ble Shri Justice Ajit B. Kadethankar2 pages

17-ca10499.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10499 OF 2025 IN FA/1450/2024 Smt Karunabai Baban Rathod

VERSUS

Shaikh Amjad Shaikh Gaffar ---- Mr.M.M.Bhokarikar, Advocate for applicant ----

CORAM

:

AJIT B. KADETHANKAR, J.

DATE :

SEPTEMBER 25, 2025 ORDER :- Heard Mr.Bhokarikar, learned counsel for the applicant. He submits that despite trying hard to serve respondent no.1 by regular mode of service, respondent no.1 could not be served. He has reasonable apprehension that respondent no.4 is avoiding service of notice on one or the other ground. He points out the findings in paragraph 5 of the impugned judgment and order, wherein, it has been observed that despite srevice, respondent no.1 did not appear in the trial proceedings also. He would submit that the address mentioned in the title clause is the only last and best known address of respondent no.1. In view of this, present application is filed under Order V, Rule 20 of the Code of Civil Procedure.

17-ca10499.2025 2.

For the reasons stated in the application, the application is allowed. Notice to respondent no.1 be published in "Daily Tarun Bharat", Dhule Edition, as is prayed by the applicant. Let the notice be returnable after six weeks.

3.

The application stands disposed of accordingly. [AJIT B. KADETHANKAR, J.] KBP