Union Of India Ministry Of Defence New Delhi v. Mohammad Samad Mohd. Isak Nagpur And Another

1 2-FA-225-02.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

FIRST APPEAL NO. 225 OF 2002 Union of India, Ministry of Defence, New Delhi, Thr. Secretary vs.

Mohd. Smad Mohd. Isak (Deceased) Thr. L R. Smt Ishrat Sultana w/o Mohd Shafi and ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. C. J. Dhumane, Advocate h/f Shri N. S. Deshpande, DSGI for appellant/applicant.

Mr Ashok Khadatkar, Advocate for respondent Nos. 1-(i to iii). Shri C. B. Bailmare, Advocate for respondent Nos. 1A(iv to vii). Shri A. M. Quazi, Advocate for respondent Nos. 1E(v). Ms M. H. Dhande, AGP for respondent No.2/State. CORAM : ABHAY J. MANTRI, J.

DATED : 08-08-2025 Civil Application (CAF) No.2854/2025 Heard.

2.

The applicant/appellant has filed this application to permit them to serve respondent No.1B(iii)-a and respondent No.1C(vi) through paper publication as notice issued to them returned unserved for want of a correct address. 3.

Having considered the reasons stated in the application, the application is allowed as prayed.

4.

The applicant is permitted to serve the notice to respondent No.1B(iii)-a and respondent No.1C(vi) through paper publication, which shall be published in a widely circulated newspaper in the locality where the said respondents lastly resided. It is made clear that the applicant has to publish notice within two weeks, failing which the appeal shall stand dismissed against respondent No.1B(iii)- a and respondent No.1C(vi).

5.

Humdast is granted.

6.

The applicant is directed to produce a copy of the paper publication in the Court within two weeks. Civil Application is disposed of.

2 2-FA-225-02.odt 7.

List the matter on 22/08/2025.

(ABHAY J. MANTRI, J.) Asmita