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Bombay High CourtCA/164/2019disposed offdismissed for default

Kunta Karbhari Bachate And ORS v. Suresh Tulshiram Rathod And ORS

2019-07-19Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

1049-ca-164-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1049 CIVIL APPLICATION NO.164 OF 2019 IN FAST/14632/2018 KUNTA KARBHARI BACHATE ANDORS

VERSUS

SURESH TULSHIRAM RATHOD AN ORS ...

Advocate for Applicants : Mr. Kale Mahesh P.

...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 19th JULY 2019 ORDER :

.

Present application has been filed for granting permission to serve the notice to respondent No.3 by paper publication. The notice issued to him has been returned unserved on the ground that he is not residing in village Muli Tq. Gangakhed, Dist. Parbhani but he has shifted to Pune. The address of respondent No.3 at Pune is not supplied. It was pointed out that respondent No.3 was served on the said address when the matter was before the trial Court. It is the last known address for the applicants. Under such circumstance, the application deserves to be allowed.

2.

However taking into consideration the fact that it is the last known address of respondent No.3 and now he has shifted to Pune, as

1049-ca-164-19.doc per the report given by bailiff with the help of Gram Panchayat Sewak, Muli, it is necessary to bring notice in the news paper widely circulated in Parbhani district as well as in Pune. Hence, issue notice to respondent No.3 in local news paper i.e. "Daily Godatir Samachar" as well as in "Daily Lokmat" Pune edition, returnable on 27.09.2019. 3.

Civil Application stands disposed of accordingly. ( Smt. Vibha Kankanwadi, J. ) Shubham/