Thomas Rodrigues (Dec.) Thr. Lrs v. The Communidade Of Cotombi, By Its Attorney And ANR

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF BOMBAY AT GOA

APPELLATE SIDE MISC. CIVIL APPN. NO. 82 OF 2022 IN FIRST APPEAL NO. 34 OF 2015 WITH MISC. CIVIL APPLN. NO. 83 OF 2022 IN FIRST APPEAL NO. 35 OF 2015 WITH MISC. CIVIL APPLN. NO. 84 OF 2022 IN FIRST APPEAL NO. 36 OF 2015 WITH MISC. CIVIL APPLN. NO. 85 OF 2022 IN FIRST APPEAL NO. 37 OF 2015 WITH MISC. CIVIL APPLN. NO. 86 OF 2022 IN FIRST APPEAL NO. 38 OF 2015 MR. THOMAS RODRIGUES ( SINCE DECEASED THROUGH LR'S AND 11 ORS.

...Appellants Vs THE COMMUNIDADE OF COTOMBI, THROUGH ITS ATTORNEY AND ANR.

.... Respondents

Adv. Marie Rosette Pereira for the appellants. REGISTRAR'S ORDER In all above Misc. Civil Applications, Mrs. Paulina D'Silva e Britto is respondent no. 2(e) and Mr. Xavier Britto, respondent no. 2(f).

The appellants have filed these applications for substituted service of notice to respondent nos. 2(e) and 2(f). According to the appellants, the notice of final hearing issued to respondent no.2 returned unserved, as he is expired. The appellants filed an application to bring Legal Representatives of respondent no.2 namely respondent nos. 2(a) to 2(f) on record. The Hon'ble Court was pleased to issue notices of final hearing of the abovementioned appeals to the Legal Representatives of respondent no.2. The notices of respondent nos. 2(e) and 2(f) returned unserved with postal remark as "Left Address". According to the appellants, addresses of respondent nos. 2(e) and 2(f) given in the cause title is the last known address. The Ld. Advocate for the appellants submits that the notices will be served to them unless those are issued by substituted service i.e. by paper publication. The application is supported by an affidavit.

It reveals that the notices will not be served to respondent nos. 2(e) and 2(f) by ordinary mode. Hence, the applications are allowed. Issue notice by way of paper publication, to respondent nos. 2(e) and 2(f), to be published in the English Daily newspaper " Times of India" widely circulated in the locality in which the aforesaid respondents were last known resided. As the respondent nos. 2(e) and 2(f) are same in all the aforesaid Misc. Civil Applns., one notice by paper publication be issued by mentioning all the above Misc. Civil Applications wherein they are required to be appear.

The appellants/applicants shall collect the publication notice, get it published and shall produce 5 copies newspapers alongwith affidavit of service i.e. one each shall be filed separately in each matter.

Date: 19th April, 2022 ( Kiran A. Bagi ) Registrar (Judicial)