Kiranbhai Tejpal Shah v. Deepa Belani Died Thr. L.Rs. Ramchandra C. Belani And Others

1 C.A. 13187.2017 in F.A.St. 12919.2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 CIVIL APPLICATION NO. 13187 OF 2017 IN FAST/12919/2014 WITH CA/1462/2015 IN FAST/12919/2014 KIRANBHAI TEJPAL SHAH

VERSUS

DEEPA BELANI DIED THR. L.RS. RAMCHANDRA C. BELANI AND ORS.

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Mr. A.S.Barlota, Advocate for applicant.

Mr. A.B.Gatne, Advocate for R - 2.

Mr. S.G.Chapalgaonkar, Advocate for R - 4.

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CORAM : V.L.ACHLIYA, J.

DATE : 27th JULY, 2018 ......

ORAL ORDER :

1.

Leave to correct the prayer clause.

2.

The applicant/claimant has taken out this application to serve respondent No. 1 by way of substitute service i.e. paper publication in view of service report received that respondent No. 1 is not found to be residing at the address given. Learned counsel for the applicant submits that the applicant/appellant is not aware any other address of respondent No. 1 other than mentioned in the Judgment and Order passed by the Tribunal.

3.

On due consideration of submissions advanced in the light of facts stated in the application supported with the affidavit and

2 C.A. 13187.2017 in F.A.St. 12919.2014 the service report, the case is made out to allow the applicant to serve respondent No. 1 by way of substituted service. Accordingly, the application is allowed in terms of prayer clause 'B' on condition to pay the requisite paper publication charges to the concerned news-paper.

4.

Await report.

5.

Stand over to 24/08/2018.

[V.L.ACHLIYA] JUDGE KNP/C.A. 13187.2017 in F.A.St. 12919.2014