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Bombay High CourtCAW/1399/2024allowed

Mr. Vilas S/O Ramdas Kamble, (Dead) Thr. His Lrs. And Another v. The Divisional Commissioner, Revenue Division, Nagpur And ORS.

2024-09-06Registrar (Judicial)1 pages

CAW No. 1399/2024 in Writ Petition No. 1246/2024 Coram : Registrar (Judicial) Dated :06.09.2024 This application is filed under Order 5 Rule 20 of the Code of Civil Procedure, 1908, for substituted service upon respondent no. 3 by paper publication. It is stated in the application that the notice issued to the aforesaid respondent received back unserved for want of correct address. It is stated that no other address except the present one is available with the applicant. The applicants further states that he tried to search new address of the aforesaid respondent, but the same could not be found and even before trial court he was required to serve by paper publication. The applicant thus prays for substituted service upon aforesaid respondent for effective adjudication of the matter. The application is supported by affidavit.

Considering the reasons mentioned in the application and the bailiff report, the applicant is allowed to serve aforesaid respondent by substituted service on last known address.

Substituted service be effected upon the aforesaid respondent no. 3 by publishing notice in widely circulated local daily newspaper i.e ("Navrashtra" Nagpur Edition), in terms of Order V Rule 20 (1-A) of CPC, returnable within four weeks from the date of publication of notice.

Writ Petition No. 1246/2024 Counsel for petitioner to take steps to serve respondent no.4 and 5 since the noticees are not present at the time of service. S.O. Two weeks.

(Ravindra M. Sadrani) Dated:06.09.2024 I/c Registrar(Judicial) Signed by: Mr. Bhojraj Pal Designation: Higher Grade Steno Date: 21/09/2024 10:29:57