Smt. Deepali Nanasaheb Bodake And ORS v. Rajaram Pandurang Bodake And ORS

5.235.19-cao.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.235/2019 in Misc. Civil Application No. 16/2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. R. S. Alange for the Applicant Ms. Poonam Mittal i/b. Yogesh Pande for Respondent Nos.1 and 2.

Mr. Sarthak S. Diwan for Respondent No.4.

CORAM

: K.K.TATED, J.

DATED : JULY 9, 2019 P.C.

Heard. By this Application the Applicant is seeking permission to serve Respondent No.3 as per Order 5 Rule 20 of the Code of Civil Procedure, 1908.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Hence, the following order:

a) The Applicant is permitted to serve Respondent No.3 by substitute service as Basavraj G. Patil 1/2

5.235.19-cao.odt per Order 5 Rule 20 of the Code of Civil Procedure, 1908 by publishing notice in two newspapers.

b) An Affidavit of service to be filed on or before 21.09.2019, failing which the Civil Application shall stand dismissed without further reference to the court.

c) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Basavraj G. Patil 2/2