J.Ashok Kumar Galada v. Uma Lokeswaran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 17TH DAY OF DECEMBER 2018 THE HON'BLE MR. JUSTICE R.SURESH KUMAR A.No.7835 of 2018 in C.S.No.109 of 1993 1.J.Ashok Galada 2.Bidambai Galada 3.Shanti Devi Galada All are residing at No.11, Perianaickarenpet Street, Madras - 79 ...Plaintiffs VS 1.Lalitha Sivaraj 2.M.S.Sivaraj (deceased) 3.Suresh (Alias) Sureshwaran Defendants 1 to 3 are at No.43, Aremenien Street, Madras - 1 4.*Usha Chidambarm residing at No.2584 Ruky Road, APT 101 Mississ Anger Ontario, Canada - L5B4B4 (*4th defendant brought on record as LR of deceased second defendant by order dated 07.06.2012 passed in Appln.No.5 of 2009) 5.Uma Lokeswaran D/o.Late M.S.Sivaraj 1029, Hyannis Street Plana TX 75094, USA 6.Rathi Suresh
D/o.Late M.S.Sivaraj 8433, South Side Bivd Apt.503 Jacksonville, Florida -32256 (Defendants 5 & 6 are impleaded as legal heirs of deceased M.S.Sivaraj, as per order dated 16.03.2018 passed in Appln. No.6033 of 2014.
7.Mr.M.Abdullah S/o.of K.P.M.Muthuvappa No.10, Veerasamy Street Purasawalkam, Chennai 600 007.
... Defendants (Impleaded 7th defendant as per Order dated 30.10.2015 passed in Appln. No.4836 of 2015 and order Extended by order dated 16.03.2018.
A.No.7835 of 2018:
1.J.Ashok Galada 2.Bidambai Galada 3.Shanti Devi Galada All are residing at No.11, Perianaickarenpet Street, Madras - 79 ...Applicants/Plaintiffs -Vs1.Uma Lokeswaran D/o.Late M.S.Sivaraj 1029, Hyannis Street Plana TX 75094, USA 2.Rathi Suresh D/o.Late M.S.Sivaraj 8433, South Side Bivd Apt.503 Jacksonville, Florida -32256
...Respondents/Defendants 5 &6
Application praying that this Hon'ble Court be pleased to order Substituted Service of the respondents/defendants 5
and 6 by publication in one issue of English Newspaper in USA edition in CS.No.109 of 1993.
This Application coming on this day before this court for hearing the court made the following order: This application has been filed to permit the applicants / plaintiffs to take substituted service to serve the respondents / defendants 5 and 6 by paper publication in one English newspaper in USA edition in the suit.
2. Already order has been given to take substituted service. Pursuant to which, paper publication by way of substituted service has already been effected in USA newspaper and proof to that effect has been filed by the learned counsel for the plaintiff, according to which, it was published in the newspaper of Jacksonville Daily Record, which was published on 01.11.2018.
3. Pursuant to the said substituted service having been effected, the name and full address of the 5th and 6th respondents / defendants have been shown in the cause list today. However when the case is called today, no one is appearing. Hence, both the 5th and 6th respondents / defendants are called absent and set exparte. In view of the above, this application is closed. Sd./- R.S.K.J.
17.12.2018 //Certified to be a true copy// Dated this the day of 2018. DL/18.12.2018 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.