Shashikalabai Govinda Khose And ORS v. Ramshankar Malkani And ORS

CA-48-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 48 OF 2015 IN FIRST APPEAL (ST.) NO. 14249 OF 2008 Shashikalabai Govinda Khose and others .. Applicants

VERSUS

Ramshankar Malkani and others .. Respondents ---- Mr. V.D. Patnoorkar, Advocate for the applicants Mr. S.P. Chapalgaonkar, Advocate for the respondent no.3 ---- CORAM : M.T. JOSHI, J.

DATE : 06/01/2015 ORAL ORDER :

1.

Heard both sides.

2.

Liberty to delete the name of respondent no.1-A is hereby granted as he was also deleted from the array in the trial Court.

3.

Considering the fact that respondent nos.1 and 2 did not contest the petition in the trial Court and finding that the service on their last known address is impossible, the Application is allowed in terms of prayer clause (B). Substituted service of summons is made returnable after four (4) weeks from the date of

CA-48-2015 publication of the summons in the Daily at the cost of the applicants.

4.

Hamdast granted.

5.

Application stands disposed of accordingly.

[M.T. JOSHI] JUDGE arp/