Chandrasekaran v. R.Subramaniam

C.M.P. No. 17590 of 2024 in S.A.No.640 of 2009 T.V.THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to pass an order to take substituted service on the 25th respondent viz., A.S.Sandiya Rani by affixing copy of notice in some conspicuous place in the court house and also upon some conspicuous part of the house of 25th respondent viz., A.S.Sandiya Rani, daughter of N.Amarnath Sharma, No.S.54-A, Kirloskar Colony, 3rd Stage, Basaveswara Nagar, Bangalore-560 079, which is known to have she last resided and also order service by publication in a newspaper circulating in their locality in which she is last known to have resided i.e. DecanHerald, Bangalore Edition in the above Second Appeal.

2. Today, when the matter taken up for hearing, Mr.V.Nicholas, learned counsel for petitioners/appellants appeared and submitted that the notice sent to 25th respondent could not be served on her as she wantonly and willfully evading to receive notice with an intention to prolong the proceedings. In the said circumstances, she could be served only by wayof

substituted service. Hence, he filed the present petition praying to permit him to take publication on the 25th respondent.

3. Considering the facts and circumstances and on considering submissions of learned counsel for petitioners, in the interest of justice, this petition is allowed and the petitioners are permitted to take substituted service by way of paper publication on the 25th respondent viz., A.S.Sandiya Rani, D/o. N. Amarnath Sharma, in anyone local daily having wide circulation in her locality at Bangalore, having last resided place at No.S.54A, Kirloskar Colony, 3rd stage, Basaveswara Nagar, Bangalore-560 079 stating that the above Second Appeal will be taken up for hearing on 10.09.2024.

13.08.2024 rpp

T.V.THAMILSELVI, J.

rpp C.M.P. No. 17590 of 2024 in S.A.No.640 of 2009 13.08.2024