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Bombay High CourtCAS/705/2024allowed

Smt. Bharti Diwakar Mehere v. Bhimrao Palshiramji Dhawle (Dead) Through Lrs. Nirmalabai Bhimrao Dhawle And Others

2024-09-26Registrar (Judicial)2 pages

CAS No. 704/2024 in Second Appeal No. 87/2021 Coram : Registrar (Judicial) Dated :26.09.2024 This application is taken out for permission to supply correct address of respondent no. 1-B. That, the notice issued to the aforesaid respondent returned back unserved for want of correct address. Thus, the applicant is furnishing correct address of aforesaid respondent as mentioned in the present application.

The application is supported by affidavit.

Since the application is formal in nature and supported by affidavit, the same is allowed. Necessary amendment be carried out in the cause title of the matter. Thereafter office to issue notice to the aforesaid respondent on the address mentioned in the application, returnable within six weeks.

CAS No. 705/2024 in Second Appeal No. 87/2021 This application is filed under Order 5 Rule 20 of the Code of Civil Procedure, 1908, for substituted service upon respondent no. 3 and 4 by paper publication. It is stated that the notices issued to the aforesaid respondents returned back unserved for want of correct address. It is stated that no other address except the present one is available with the applicant. It is stated that the applicant tried his level best

//2// CAS No. 705/2024 in Second Appeal No.

87/2021 to find out correct address of the aforesaid respondents, however, the same could not be found. Thus, the applicant seeks permission to serve the aforesaid respondents by way of paper publication for further adjudication of the matter.

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

Substituted service be effected upon the aforesaid respondent no. 3 and 4 by publishing notice in widely circulated local daily newspaper i.e.

("Hindusthan", Amravati Edition"), in terms of Order V Rule 20 (1-A) of CPC, returnable within four weeks from the date of publication of notice. (D.P. Satawalekar) Dated: 26.09.2024 Registrar(Judicial) Signed by: Mr. Bhojraj Pal Designation: Higher Grade Steno Date: 04/10/2024 12:42:21