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Bombay High CourtCA/13777/2019disposed offdismissed for default

Govind Gunwant Budrakshe v. Shivaji Sadashiv Lavte And Others

2019-11-29Hon'Ble Shri Justice V.L. Achliya2 pages

955-ca-13777-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 955 CIVIL APPLICATION NO.13777 OF 2019 IN SA/42/2018 GOVIND GUNWANT BUDRAKSHE

VERSUS

SHIVAJI SADASHIV LAVTE AND OTHERS ...

Advocate for Applicant : Mr. V.D. Kondale h/f Mr. V.D. Gunale ...

CORAM : V.L. ACHLIYA, J.

DATED : 29th NOVEMBER, 2019 PER COURT:- .

The application is filed seeking service of notice to respondent no.6 by way of paper publication for the reasons set out in detail in the application.

2.

In brief it is the contention of the learned counsel for the applicant that notice sent to respondent no.6 returned unserved for the reason that respondent no.6 reported to be not residing at the address given. It is submitted that the applicant is not knowing any address other than the address mentioned in the cause title of the memo of appeal.

955-ca-13777-2019 3.

Considering the cause assigned and the application filed by the applicant supported with an affidavit, I am of the view the application deserves to be allowed. Accordingly the application is allowed in terms of prayer clause 'B' subject to payment of publication charges to be paid directly to the concerned. 4.

Notice made returnable on 24.01.2020.

5.

Civil application is disposed of in above terms. ( V.L. ACHLIYA ) JUDGE SPR