Akash Chaudhary And ANR v. Joyce Isabel Pinto E Dsouza And 11 ORS

02-MCA-18-2023.DOC Andreza

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO. 18 OF 2023 IN APPEAL FROM ORDER NO. 22 OF 2021 Akash Chaudhary & anr.

... Applicant

Versus

Joyce Isabel Pinto E. D'Souza & 11 Ors.

...Respondents

Mr. G. Panandikar, Advocate for the Applicant. Ms. S. Drago, Advocate for the Respondent nos. 1 and 2. _______________________

CORAM:

B. P. COLABAWALLA, J DATED:

17th JANUARY 2023 _______________________ P.C.

1.

The above application is filed seeking to serve Respondent No. 11 by publication as contemplated under Order V Rule 20 of the Code of Civil Procedure (CPC).

2.

In the present matter, by an earlier Order dated 02.08.2022 passed in Misc. Civil Application No. 97 of 2022, Respondent Nos. 11 and 12 were permitted to be served by affixation at their last known address. Accordingly, the Applicants-Appellants herein tried to serve Respondent No. 11 through affixation but the service report is still awaited and hence the said Respondent has not been served till date. It is for this reason that a prayer is sought to allow the ApplicantsAppellants to serve Respondent No.11 by publication in a local daily 17th January 2023

02-MCA-18-2023.DOC newspaper circulating in the locality of the last known address of Respondent No.11.

3.

Having heard the learned Counsel appearing on behalf of the Applicants-Appellants, it is ordered that the Applicants-Appellants shall serve Respondent No. 11 by publishing the notice in the two local newspapers one in English (Free Press Journal) and one in Marathi (Navshakti), returnable on 14.02.2023. 4.

The Appellants-Applicants shall file an affidavit of service proving the publication as ordered herein above on or before the next date.

5.

The above Misc. Civil Application is disposed of in the aforesaid terms.

6.

Place the above Appeal from Order on board for directions on 14.02.2023.

7.

This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on B. P. COLABAWALLA, J PEREIRA Date: 2023.01.17 19:05:05 +05'30'

ANDREZA PEREIRA 17th January 2023