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Bombay High CourtCAF/3704/2023ca disposed off

Ku. Aakansha D/O Vikas Nikam And Another v. Virendra S/O Chhedilal Vishwakarma And Others

2023-12-12Registrar (Judicial)1 pages

CAF No. 3704 of 2023 in CAF No. 832/2021 in First Appeal St. No. 806 of 2020 Coram : Registrar(Judicial) Dated : 12.12.2023 This application is filed under Order 5 Rule 20 of the Code of Civil Procedure, 1908, for substituted service upon respondent no.4 by paper publication. It is stated in the application that the notice issued to the aforesaid respondent returned back unserved for want of correct address. It is stated that no other address except the present one is available with the applicant. It is further stated that the aoresaid respondent is residing on the given address, however he is avoiding the service of notice and the service by RPAD is still awaited. The applicant thus prays for substituted service upon aforesaid respondent.

Considering the reasons mentioned in the application and the bailiff report, the applicant is allowed to serve aforesaid respondent by substituted service on last known address.

Substituted service be effected upon aforesaid respondent no.4 by publishing a notice in widely circulated local daily newspaper i.e. ("Punyanagari", Gondia Edition), in terms of Order 5 Rule 20 (1-A) of CPC, returnable within four weeks from the date of publication of notice.

(D.P. Satawalekar) Dated:12.12.2023 Registrar(Judicial)