Smt. Indubai Punjaji Maske v. Awadhoot Narayan Kada And Others

2025:BHC-NAG:9235 1 30caf3291.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.3291 OF 2025 IN CIVIL APPLICATION [CAF] NO.2021 OF 2019 IN FIRST APPEAL ST. NO.9648 OF 2019 [Smt. Indubai Punjaji Maske .vs. Awadhoot Narayan Kadam and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Gopal Varma, Advocate h/f Shri V.R. Thote, Advocate for Appellant. Ms. Gargi Bhai, Advocate h/f Ms. Ashwini Athalye, Advocate for R-3. Shri Amey Chourasiya, Adv. h/f Shri C.C. Anthony, Advocate for R-4. .................

CORAM : PRAVIN S. PATIL, J.

DATED : SEPTEMBER 17, 2025 .

1.

By this application, applicant is seeking setting aside the order dated 10.9.2024 passed by the Registrar (Judicial) of dismissing the application against respondent no.2. 2.

It is seen from the record that after notices were issued to the respondent no.2, same was received back unserved for want of correct address. However, after that applicant did not take appropriate steps to serve the respondent no.2 and, therefore, by the order dated 10.9.2024 order came to be passed in the matter.

3.

Today along with the present application, applicant has also moved the application to serve the respondent no.2 by substitute mode of service.

4.

In view of the reasons stated in the application and the fact that applicant is also moved for substitute service to respondent no.2, the application is allowed and disposed of.

2 30caf3291.25.odt Civil Application No.3289/2025 1.

By this application, applicant seeks permission to serve respondent no.2 by alternative mode of service i.e. paper publication in a daily newspaper i.e. Navbharat or any other local Marathi newspaper which is having a wide circulation on the address of respondent no.2.

2.

For the reasons stated in the application, the application is allowed and disposed of.

3.

Appellant to take necessary steps and serve the respondent no.2.

4.

List the matter after three weeks.

(PRAVIN S. PATIL, J.) Gulande