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Bombay High CourtMCA/491/2018allowed

Dr. Lenny Da Costa., v. Sharad Bhiku Walawalkar And 5 ORS.,

2018-07-04Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 491 OF 2018 IN FIRST APPEAL NO. 197 OF 2008 DR. LENNY DA COSTA., ... Applicant

Versus

SHARAD BHIKU WALAWALKAR AND 5 ORS., ... Respondents Adv. P. Gawas holding for Adv. Vijay A. Palekar for the Applicant.

Adv. S. P. Munj for Respondent no.3.

Coram:- C. V. BHADANG, J.

Date:- 4th July 2018 P.C.:

The learned counsel for the applicant submits that the respondent no.1 is reported to be dead. However, he was unable to obtain the death certificate. In any event the respondent no.2 is the wife of the respondent no.1. Hence the relief in this application for substituted service can only be restricted to respondent no.2. The application is supported by an Affidavit. Hence the application is allowed. The applicant is permitted to serve the respondent no.2 by substituted service. The civil application is disposed of. The returnable date to be shown as

MCA/491/2018 1/8/2018.

C. V. BHADANG, J.

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