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Bombay High CourtCAS/964/2024ca disposed off

Ramakatn Shivaram Ingole (Dead) Thru. 5 Lrs. v. Madhavrao Vithalrao Wadatkar

2024-11-14Registrar (Judicial)1 pages

CAS No. 964/2024 in Second Appeal No. 84/2008 Coram : Registrar (Judicial) Dated : 14.11.2024 This application is filed under Order 5 Rule 20 of the Code of Civil Procedure, 1908, for substituted service upon proposed legal heirs of deceased respondent sole i.e. R. Nos. 1 (A) to 1 (E) by paper publication. It is stated that the notice to the aforesaid legal heris of respondent sole could not be served for want of correct address. It is stated that the applicant tried his level best to find out correct address of the aforesaid respondents, however, the same could not be found. As per the office note, since address of R-1- B( 1-a to 1-d) has not been provided, the notice could not be served to the said proposed respondents. 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, the applicant is allowed to serve aforesaid respondents by substituted service on last known address.

Substituted service be effected upon the aforesaid legal heirs of respondent sole by publishing notice in widely circulated local daily newspapers where the aforesaid proposed legal heirs are lastly known to have resided, in terms of Order V Rule 20 (1-A) of CPC, returnable within four weeks from the date of publication of notice.

(Ravindra M. Sadrani) Dated:14.11.2024 I/c Registrar(Judicial) Signed by: Mr. Bhojraj Pal Designation: Higher Grade Steno Date: 18/11/2024 14:30:54