Madras High CourtCMP(MD)/1525/2024allowed

P.Rajakumari v. M.Raja Bhoopathy (Died) 1. R.Vijayakumari

2025-09-23Honourable Mr Justice C.V. Karthikeyan,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR 1.P.Rajakumari 2.B.Thenmozhi ... Petitioners -vsM.Raja Bhoopathy (Died) 1.R.Vijayakumar 2.R.Vijayaraghavan ... Respondents PRAYER: Petition filed under Order 5 Rule 20 of C.P.C., praying to order substituted service by publication in one of any Tamil News Paper circulate in Tiruchirappalli for effective service of summon of the respondents 1 and 2 in A.S.(MD)No.36 of 2020.

For Petitioner :

Mr.S.Karthik

ORDER

(Order of the Court was made by C.V.Karthikeyan, J.) This petition has been filed seeking direction to effect service through substituted service by publication in any one Tamil Newspaper with circulation in Trichy District for the respondents 1 and 2.

2. In the affidavit filed in support of this petition, it had been contended that summon had been taken to the respondents 1 and 2 to their residential addresses. But, however, summon was returned as "unserved". Thereafter, further steps were taken to serve the respondents 1 and 2 through Court as well as privately to the address known and available to the petitioner. Again notice was not served. It is those under circumstances, this petition is filed seeking to effect substitute service.

3. Taking all these facts into consideration, this petition has been allowed directing publication in one issue of Tamil daily 'Malaimalar', having circulation at Tiruchirappalli, to be effected on or before 02.10.2025 for the hearing on 03.11.2025.

4. List the Appeal Suit on 03.11.2025.

[C.V.K., J.] [R.V., J.] vsm 23.09.2025

C.V.KARTHIKEYAN , J.

and R.VIJAYAKUMAR , J.

vsm 23.09.2025