Bombay High CourtCA/15694/2016disposed offdismissed for default

Shantwan Pathaji Bhakare Died Through Lrs Indubai Hiralal Bhakare And Others v. Motilal Dhondiram Bhakare Died Through Lrs Mariyabai Motilal Bhakare And Others

2017-02-02Hon'Ble Shri Justice S. B. Shukre1 pages

{1} ca1569416.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.15694 OF 2016 IN WRIT PETITION NO.3624 OF 2016 Shantwan Pathaji Bhakare (since deceased) through LRs:

Applicants

Versus

Motilal Dhondiram Bhakare (since deceased), through L.Rs:

Respondents Mr.Z.M.Pathan, advocate for applicants.

Mr.V.S.Bedre, advocate for Respondent No.1B and 7. CORAM : S.B.SHUKRE, J.

DATE : 02nd February, 2017 PER COURT:

Heard.

Learned Counsel for petitioners states that Respondent No.1-G could not be served with the notice for the reason that she was not found at the given address. He further submits that petitioners also made efforts to find out alternative address of Respondent No.1-G, but to no effect.

In these circumstances, I am of the view that this application deserves to be allowed.

Civil Application is allowed. Service by paper publication in Daily Newspaper "Lokmat" (Marathi), circulated in the area where Respondent No.1-G was known to have lastly resided, is allowed at the expenses of the petitioners.

Civil Application is disposed of.

S.B.SHUKRE JUDGE adb/ca1569416