Ankush Shahu Doke(Since Decd. Thr. Lrs) Gangubai Ankush Doke And ORS. v. Bhamabai Bhimrao Doke (Deleted ) And ORS.

Osk 8-IA-813-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 813 OF 2019 IN SECOND APPEAL NO. 483 OF 1999 Ankush Shahu Doke ] (Since deceased) Through his LRs.

]

1. Gangubai Ankush Doke (Deleted) ]

2. Bapu Mahipati Kadam ] ... Applicant/Appellant V/s.

1. Bhamabai Bhimrao Doke (Deleted) ]

2. Gangabai Udhav Doke (Dead) ]

3. Ramchandra Shival Doke ] (Since deceased) Through his LRs.

] 3A. Vishnu Ramchandra Doke ]

4. Laxman Shivlal Doke ]

5. Kamal Shahu Doke ]

6. The Maharashtra State Krishi & ] Gramin Vikas Sahakari Bank ] ... Respondents Mr.Ashok Tajane a/w. Mr.Y.G. Thorat for Applicant/Appellant. Mr.Ritu Pawar i/b. Mr.Sanjiv Sawant for Respondent Nos.3 to 5. CORAM : A.S. GADKARI, J.

DATE : 30th August 2021.

P.C. :

1.

Leave to amend to delete the words 'Second Appeal' from prayer Clause and substitute it by 'C.A. No.539 of 2019' is allowed. Amendment be carried out forthwith.

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Osk 8-IA-813-2019.odt 2.

This is an application for effecting substituted service upon the Respondent No.6-The Maharashtra State Krishi & Gramin Vikas Sahakari Bank by publication in newspaper.

It is stated that, the Court notice issued to the Respondent No.6 has been returned with postal remark, 'bank is not available in Madha'. 3.

Mr.Tajane, learned counsel for the Applicant submitted that, it is the only address known to the Applicant of Respondent No.6 and as the notice issued by this Court could not be served upon the Respondent No.6 at the said address, the present Application for substituted service is filed. 4.

In view thereof and for the reasons stated in the Application, the Application is allowed in terms of prayer Clause (a). 5.

Necessary newspaper notice be published within a period of eight weeks from today.

[A.S. GADKARI, J.] by OMKAR SHIVAHAR KUMBHAKARN Date:

2021.08.31 18:07:18 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2