Shamrao Isal (Deceased) Thr. Lrs. Prakash Shamrao Isal And Others v. Sau. Rajnibai Sumersingh Raghuwanshi And Others

2025:BHC-NAG:14610 11.sa.448.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.973 OF 2025 IN SECOND APPEAL NO.448 OF 2019 Shamrao Isal (deceased) through LRs .Vs. Sau. Rajnibai Sumersingh Raghuwanshi and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. D.S. Patil, Advocate for applicants.

Mr. Hitesh Biherani, Advocate for non-applicant Nos.1 to 6. Mr. J.J. Chandurkar, Advocate for non-applicant No.8. Mr. S.M. Vaishnav, Advocate for non-applicant No.9. CORAM : ROHIT W. JOSHI, J.

DATE : 19/12/2025 1.

Notice on the non-applicant No.7 sent by speed post is returned unserved with endorsement "addressee left without instruction".

2.

The non-applicant Nos.1 to 6 are the wife and children of non-applicant No.7. The non-applicant Nos.1 to 6 are the original plaintiffs who have challenged the alienation of the suit property by non-applicant No.7 in favour of present applicants. Since the non-applicant No.7 could not be served, the appeal came to be dismissed against the non-applicant No.7 vide order dated 26.06.2025 passed by the learned Registrar (Judicial).

3.

The applicants have filed application for restoration of the appeal against non-applicant No.7. The non-applicant No.7 could not be served by the regular

11.sa.448.2019.odt mode, application for seeking substituted service by way of newspaper publication is filed.

4.

Having regard to the fact that, the applicants have purchased the suit property from non-applicant No.7 and non-applicant Nos.1 to 6 are the original plaintiffs who are challenging the said alienation. Permission for effecting service on non-applicant No.7 through newspaper publication needs to be granted. Applicants are permitted to serve non-applicant No.7 through newspaper publication in "Daily Lokmat"

5.

Notice is made returnable on 30.01.2026.

6.

Civil Application is disposed of.

(ROHIT W. JOSHI, J.) C.L. Dhakate