Bombay High CourtMCA/27/2019disposed of

Mahendra P. Gaunekar, Thr. His Duly Const. Att., S.R. Ramnathkar., v. Meghashyam Ramchandra Naik And 5 ORS.,

2019-01-17Registrar2 pages

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF BOMBAY AT GOA

APPELLATE SIDE MISC.CIVIL APPLICATION NO. 27 OF 2019 IN WRIT PETITION NO. 233 OF 2017 MAHENDRA P. GAUNEKAR, THR. HIS DULY CONST. ATT., S.R.

RAMNATHKAR., ... Applicant

Versus

MEGHASHYAM RAMCHANDRA NAIK AND 5 ORS., ... Respondents Adv. H. Vaze holding for Adv. A. Nachinolkar for the Petitioner REGISTRAR'S ORDER Misc. Civil Application No. 27/2019 is filed for issuing notice to Respondent No. 3 by substituted service. Notice was issued to Respondent No. 3 on 07/03/2018 but the Bailiff affixed the notice on the main door of the house of Respondent No. 3 but without presence of any witness. Hence the notice was reissued on 16/07/2018. The said notice returned unserved with Bailiff's report of Ponda Court wherein the brother of Respondent No. 3 informed bailiff that Respondent No. 3 resides aboard.

According to the Advocate for the Appellant / Applicant the address given in the petition is the last known address of Respondent No. 3. According to him he has made the best efforts to find fresh address of Respondent No. 3 but he could not find the same. He further submit that the notice of Respondent No. 3 will not be served except by substitute service. Hence the Misc. Civil Application No. 27/2019 is allowed. Issue notice to Respondent No. 3 by substituted service by way of publication of the notice in any local newspaper circulated in

the State of Goa. Appellant / Applicant to pay the necessary process fees to issue notice to Respondent No. 3.

Misc. Civil Application stands disposed off.

Date: 17th January, 2019 ( Kiran A. Bagi ) Registrar(Judicial) ep