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Bombay High CourtMCA/92/2018allowed

Basilio Santana Castelino @ B.S. Castelino., v. State Of Goa, Thr. The Chief Secretary, Govt. Of Goa And 15 ORS.,

2018-03-05Hon'Ble Shri Justice N. M. Jamdar,Hon'Ble Shri Justice Prithviraj K. Chavan3 pages

1 MCA92-18dt 05-03-2018 IN THE HIGH COURT OF BOMBAY AT GOA MISC. CIVIL APPLICATION NO.92 OF 2018 IN FIRST APPEAL NO.77 OF 2017 Basilio Santana Castelino .... Applicant

Versus

State of Goa & Ors.

.... Respondents Applicant in person.

Mr. P. Faldessai, Addl. Government Advocate for Respondent Nos.1 to 4.

Mr. R. Kantak, Advocate for Respondent No.5.

Mr. K. Morajkar, Advocate for Respondent Nos.6 & 7. Coram : N.M. Jamdar & Prithviraj K. Chavan, JJ.

Date : 5 March 2018.

P.C. :

By this application, the Applicant in person has sought the notice to Respondent Nos.8, 9, 10, 12, 13 and 16 by way of publication in the daily newspaper.

2.

As regards Respondent Nos.8 to 10, the notice has been

2 MCA92-18dt 05-03-2018 returned unserved with a remark that they are working abroad. 3.

The Applicant in person states that Respondent No.15 is the head of family. If that be so, Respondent No.15 should know the current address of Respondent Nos.8 to 10. Respondent No.15 shall give the current address of Respondent Nos.8 to 10 to the Applicant in person within a period of two weeks.

4.

As regards Respondent Nos.12 and 13 are concerned, the notice has been returned with a remark that same was sent to the wrong Court. Issue fresh notice to Respondent Nos.12 and 13. Registry shall ensure that notice is sent to the correct Court. 5.

As regards Respondent No.16 is concerned, the Applicant in person states that Respondent No.16 was served in the trial Court by way of publication. This statement is accepted. Therefore, the Civil Application is allowed only in respect of Respondent No.16.

6.

The Applicant in person is permitted to serve Respondent No.16 by issuing notice in daily newspaper "THE GOAN".

The returnable date for the notice shall be 9 April 2018.

3 MCA92-18dt 05-03-2018 7.

The Misc. Civil Application is accordingly disposed of. Prithviraj K. Chavan , J. N.M. Jamdar, J.