Laurenca Siqueira Pinto And ANR., v. Sharon D'Cruz And 4 ORS.,

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF BOMBAY AT GOA

APPELLATE SIDE MISC.CIVIL APPLICATION NO. 812 OF 2019 IN SECOND APPEAL NO. 9 OF 2019 LAURENCA SIQUEIRA PINTO AND ANR., ... Applicants

Versus

SHARON D'CRUZ AND 4 ORS., ... Respondent Adv. P. Mandrekar for the applicants.

REGISTRAR'S ORDER The Second Appeal is admitted on 13.03.2019. The admit notices were issued to respondent nos. 1 to 5 on 15.03.2019. The bailiff of the Court of C.J.S.D & J.M.F.C Margao stated in his report dated 05.04.2019, that the premises of respondent nos. 1 to 4, found locked and also received information that since last 10 years respondents are not residing on that address. In the report, he also contends that big bushes are grown up infront of the said house, so, he could not affix the notices. The bailiff also attempted to serve the notice of respondent no.5 twice and on both occassion, he found the premises closed. He received information that the said premises always remains closed.

The Ld. Advocate for the Applicant has filed this application to serve the notice to respondent nos. 1 to 5 by way of substituted service by way of publication in the local newspaper. The application is supported by an affidavit. From the bailiff report and the affidavit of the appellant, I am satisfied that the notices to respondent nos. 1 to 5 will not be served by ordinary means, unless those are served by substituted service. Hence, application is allowed. Issue notice to respondent nos. 1 to 5 by way of substituted service, by publishing it

in the local newspaper daily " Herald".

The applicant shall pay the due process fees for issuing publication notice, bear the cost of publication charges and publish it. After publication he shall file an affidavit of service. Date: 26th September, 2019 ( Kiran A. Bagi ) Registrar(Judicial) sk