Murlidhar J. Barhate (Died) Thr Lrs Smt. Vaijyantabai M. B. Died Sau. Sangita Jayant Nehete And ORS v. Santosh Chabildas Chaudhari And Others

1 905 AO 28-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 APEAL FROM ORDER NO. 28 OF 2023 WITH CIVIL APPLICATION NO. 5734 OF 2023 IN AO/28/2023 WITH CIVIL APPLICATION NO. 12551 OF 2023 IN AO/28/2023 MURLIDHAR J BARHATE (DEAD)THR HIS LRS VAIYANTABAI M BARHATE DIED 1B SANGITA J NEHETE AND ORS

VERSUS

SANTOSH CHABILDAS CHAUDHARI AND ORS ...

Advocate for the Petitioner : Mr. Patil Swapnil S. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 11/01/2024.

P. C. :

A) ORDER IN CIVIL APPLICATION NO.12551 OF 2023 : 1.

Heard learned counsel for the applicants.

2.

The applicants are seeking service to respondent No.2 & 3 by way of paper publication since they could not be found on the given address upon which they were already served in the trial court as well as lower appellate court.

3.

In view of the above, the application stands allowed in terms of prayer clause 'B' subject to payment of necessary charges directly to the concerned newspaper.

4.

The application is accordingly disposed of.

2 905 AO 28-23 B) ORDER IN APPEAL FROM ORDER NO.28 OF 2023:

1.

Reissue notice to respondent No.1 returnable on 22/02/2024. Hamdast is allowed.

2.

Interim relief, if any, to continue till then. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-