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Bombay High CourtCAW/831/2017dispossed offdismiss for default

Sarfaraz Khan S/O Jilani Khan And Others v. State Of Maharashtra Through Secretary Dept. Of Women And Child Welfare And Others

2017-05-04Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION W. NO.832/2017 IN WRIT PETITION NO.480/2013 Sarfaraz Khan s/o Jilani Khan and others ...Versus...

State of Maharashtra, Through its Secretary, Department of Women and Child Welfare, Mantralaya, Mumbai - 32 and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - S/Shri F.T. Mirza and R.J. Mirza Advocates for petitioners Mrs. K.S. Joshi, Addl. G.P. for respondent nos.1, 2, 4 & 5 Shri A.B. Mirza, Advocate for respondent no.9 CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : 04.05.2017 Though the learned Counsel for the respondent no.9 opposes the prayer made in the application, for the reasons stated in the application, the prayer is granted and the writ petition is restored against the respondent no.3.

The civil application is allowed and disposed of. CIVIL APPLICATION W. NO.831/2017 Since the petitioners have secured the present address of the respondent no.3, the petitioners should first make attempts to serve the respondent no.3 by other modes of service and should not seek permission to serve the respondent no.3 by paper publication. The petitioners are permitted to serve the respondent no.3 by speed post and by R.P.A.D. in addition to the regular mode of service. The civil application stands disposed of at this stage. JUDGE JUDGE Wadkar