Imtiyaz Kazi @ Kazi Imtiazuddin And ANR v. Mohammad Yusuf Gausab Nadar And 4 ORS

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF BOMBAY AT GOA

APPELLATE SIDE MISC. CIVIL APPLN.NO. 31 OF 2022 IN APPEAL FROM ORDER NO. 39 OF 2017 IMTIYAZ KAZI @ KAZI IMTIAZUDDIN AND ANR.

....Applicants Vs MOHAMMAD YUSUF GAUSAB NADAF AND 4 ORS. .....Respondents. Adv. Annelise Fernandes for the applicants.

REGISTRAR'S ORDER The appellants have filed this application to issue notices to respondent nos. 3(J) and 5(E) by substituted service. Perused the application, it is supported by an affidavit of the appellant. The admit notices issued to respondent nos. 3(J) and 5(E) were returned unserved for the reason that the respondents were not found at the given address. According to the appellants, the said respondents are residing at the same address but they are avoiding the service. So, they prays to issue notices by mode of publication in the local newspaper.

For the reasons mentioned in the application and as discussed, it is satisfied that the notices to respondent nos. 3(J) & 5(E) will not be served by ordinary means. Hence, this application is allowed.

Issue notices to respondent nos. 3(J) & 5(E) by way of publication in the local newspapers widely circulated in the State of Goa. After the publication of notice, the appellants shall filed affidavit of service along with newspaper.

Date: 3rd March, 2022 ( Kiran A. Bagi ) Registrar (Judicial)