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Bombay High CourtIA/12507/2024allowed

Zumbarbai Ambarnath Sanap And ORS. v. Fakir Mohammad Akbar Patel And ORS.

2024-09-06Shri. S.R. Agrawal, Registrar(Judl Ii)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION. NO. 12507 OF 2024 IN FIRST APPEAL(ST) NO. 14653 OF 2018 --------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's order appearance, Court's Orders or directions and Registrar's orders --------------------------------------------------------------------------------------------------------------- CORAM : SHRI S. R. AGRAWAL REGISTRAR (JUDL -II) DATE : 06/09/2024 None present Perused.

As per office note, notice issued to Respondent No. 1 is returned unserved with Bailiff's remark dated 12/10/2023, "Not found, incomplete address". Notice issued to respondent no. 1 on fresh address returned unserved with Baillifs's remark dt. 30/05/2024, "Not found, incomplete address".

The learned Advocate for Applicant is not aware about new address. Thus, only option left is to serve the Respondent No. 1 by way of substituted service.

The Learned Advocate has taken out present Interim Application to serve Respondent No. 1 by way of substituted service. Address of Respondent No. 1 mentioned in the above notice is same as mentioned in Interim Application and in memo of First Appeal as well as in Judgment of the Lower Court.

In turn, Interim Application No. 12507 of 2024 for substituted service is allowed in terms of prayer clause (a), returnable by 10 weeks. The learned Advocate for the Applicant is directed to collect copy of Publication Notice within two weeks without fail. He is further directed to file published copy of newspaper in the department within 04 weeks.

Sd/- REGISTRAR (JUDL-II) sat-R(J-II)-06.09.2024