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Bombay High CourtCA/12668/2018admittedallowedgrantedrule absolute

Shrawan Keru Misal Lrs Shankar Lrs Ratnamala And Others v. Vithal Eknath Kulkarni Lrs Kamal (Deceased) And Others

2018-10-10Hon'Ble Shri Justice V.L. Achliya2 pages

1 C.A. 12668...2018 in S.A. 418.2006

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

909. CIVIL APPLICATION NO. 12668 OF 2018 IN RA/62/2016 IN SA/418/2006 SHRAWAN KERU MISAL L.RS. SHANKAR L.RS. RATNAMALA AND ORS.

VERSUS

VITHAL EKNATH KULKARNI L.RS. KAMAL (DECEASED) AND ORS.

.....

Mr. R.A.Tambe, Advocate for applicants.

.....

WITH CA/12669/2018 IN RA/62/2016 IN SA/418/2006 .....

CORAM: V.L.ACHLIYA, J.

DATE : 10/10/2018 .....

ORAL ORDER :

1.

These applications are filed by the applicants for effecting service by way of paper publication to respondent Nos. 2-C and 5D respectively for the reasons set out in detail in the respective application.

2.

Heard learned counsel for the applicants. Perused the applications.

3.

The applications supported with affidavit clearly mention

2 C.A. 12668...2018 in S.A. 418.2006 that in spite of taking efforts, service could not be effected at the given address. Notices were also issued through registered post which were returned unserved recording therein same reason. It is the say of learned counsel that the applicants are not aware of any other address than the address mentioned in the memo of appeal.

4.

Considering the reason assigned supported by affidavit, the applications are allowed in terms of prayer clause 'A' in respective application subject to payment of publication charges by the applicants. The publication charges be directly paid to the office of concerned news-paper.

5.

The applications stand disposed of in above terms. [V.L.ACHLIYA] JUDGE KNP/C.A. 12668...2018 in S.A. 418.2006