Nitin Bhaurao Tidke And Others v. Ravindra Ajabrao Aware And Others

wp3309.25.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.3309 OF 2025 (Nitin Bhaurao Tidke and others Vs. Ravindra Ajabrao Aware and others) ---------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

---------------------------------------------------------------------------------------------------------------------------------- Mr. R. S. Suryawanshi, Advocate for Petitioners. Mrs. Mrunal S. Naik, AGP for Respondent Nos.6 & 7/State. CORAM: PRAFULLA S. KHUBALKAR, J.

DATE: 29 th JULY, 2025.

CIVIL APPLICATION (W) NO.1704 OF 2025:

1.

This is an application for effecting service by way of substitute service upon respondent No.4. Counsel for petitioner submits that the petitioner has attempted to serve respondent No.4 by regular mode of service on the address which was available, however, the service could not be effected. He submits that respondent No.4 and respondent No.5 are in fact residing on the same address and although service is effected on respondent No.5, the service is not complete upon respondent No.4. He therefore, submits that respondent No.4 is avoiding the service and therefore, it is necessary to serve the respondent No.4 by way of substitute service.

2.

Having regard to the contents of the civil application and submissions advanced, the application is allowed. Petitioner is granted leave to serve respondent No.4 by way of paper publication to be published in the

wp3309.25.O.odt daily newspaper "Deshonatti' which is circulated at Akola. 3.

Notice to the respondent No.4, returnable on 19.08.2025.

4.

Civil application is allowed and disposed of. WRIT PETITION NO.3309 OF 2025:

Stand over to 19.08.2025.

(PRAFULLA S. KHUBALKAR, J.) NSN