Smt. Maria Martinha Menezes, Through Attorney Shri Mark A. Menezes. v. Shri Sonny Correia (Deceased) Through His Legal Heirs.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 95 OF 2015 IN WRIT PETITION NO. 675 OF 2009 SMT. MARIA MARTINHA MENEZES, THROUGH ATTORNEY SHRI MARK A.

MENEZES.

... Applicant

Versus

SHRI SONNY CORREIA (DECEASED) THROUGH HIS LEGAL HEIRS., ... Respondent Mr. Vibhav Rajiv Amonkar, Advocate for the Applicant. Mr. Shambhu S. Kakodkar, Advocate for the Respondents No. 2, 3, and 8.

Coram:- U. V. BAKRE, J.

Date:- 17th February, 2015 P.C:

Heard the learned Counsel for the parties.

2. By this application, the applicant has prayed for service of respondents no. 2(a) to 2(e) by registered post A/D as well as by affixing of notice on the prominent part of the house at the same address as mentioned in the cause title where the deceased respondent no. 2 was residing. The application is supported by an affidavit of the applicant.

3. The report of the Bailiff reveals that when he went to serve the said legal representatives of the deceased respondent no. 2 at the said

MCA/95/2015 address mentioned in the cause title, the door of the house as well as the gate of the said premises were locked. Due to the above, the Bailiff could not serve the said legal representatives. Since indisputably, the last known address of the deceased is mentioned in the cause title, his legal heirs are required to be served at the same address as no other address is known.

4. In view of the above, the application is allowed. The respondents no. 2(a) to 2(e) are permitted to be served by registered post A/D as well as by regular service. If, the said respondents are not served through the regular service, the said respondents may be served by affixation on the prominent part of the house.

5. The application stands disposed of.

U. V. BAKRE, J.

EV