Manisha D/O Bhaskar Patil And ORS v. Shaikh Javed Usman Gani And ANR

1 909-CA-13534-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO. 13534 OF 2021 IN FIRST APPEAL NO. 682 OF 2002 MANISHA BHASKAR PATIL AND OTHERS

VERSUS

SHAIKH JAVED USMAN GANI AND ANR.

...

Advocate for Applicant Nos. A/2 to A/5 : Mr H.P. Randhir CORAM : SHRIKANT D. KULKARNI, J.

DATE : 16th DECEMBER, 2021 PER COURT :

1.

It is an application moved by the applicants against respondent No.1 for substituted service by paper publication. 2.

Heard Mr H.P. Randhir, learned counsel for the applicants. 3.

Perused the record. It seems that after admission of appeal, notice was issued against respondent No.1. As per Bailiff report, respondent No.1 was not found on the given address. 4.

Mr H.P. Randhir, learned counsel submits tht address of respondent No.1 is the same as appearing from the record of Tribunal and substitute service needs to be issued by way of paper publication. 5.

The prayer needs to be allowed in view of the submissions made by Mr H.P. Randhir, learned counsel for the applicants.

2 909-CA-13534-2021

ORDER

(I) The application is allowed in terms of prayer clause (B). (II) The applicants to file affidavit regarding substituted service to respondent No.1 by producing the copy of newspaper showing notice against respondent No.1.

(III) The Civil Application is accordingly disposed of. (IV) The appeal be listed on 03.02.2022.

[ SHRIKANT D. KULKARNI, J. ] mta