Shankar Raghunath Mhatre Deceased Thr. Lrs. Parvatibai Shankar Mhatre And ORS. v. Ramchandra Maruti Kathwale And ORS.

24-13-IA-12657-2024-FA-1097-2023-SS.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 12657 OF 2024 IN FIRST APPEAL NO. 1097 OF 2023 Shankar Raghunath Mhatre Deceased Through Its ...Applicants LRs Parvatibai Shankar Mhatre & Ors In The Matter Between Shankar Raghunath Mhatre Deceased Through Its ...Appellants LRs Parvatibai Shankar Mhatre & Ors

Versus

Ramchandra Maruti Kathwale & Ors

...Respondents

Mr Rajesh S Datar, with Akshay Kandarkar, for the Applicants. Mr Amogh Singh, with Jeet Gandhi, for Respondent No. 49. SHEPHALI SANJAY MORMARE

CORAM:

ARIF S. DOCTOR, J SHEPHALI SANJAY MORMARE Date: 2024.11.19 10:13:57 +0530 DATED:

14th November 2024 PC:- 1.

Mr Datar, Learned Counsel for the Applicants Submits that except for Respondent No. 49, the other Respondents have been continued to evade service and, therefore, remained unserved. He, therefore, makes a prayer for substitute service and thus has filed the present Interim Application for substituted service. 2.

Having regard to the averments made in the Interim Application, I deem it fit to allow the Interim Application in terms of prayer clause (a), which reads thus:

24-13-IA-12657-2024-FA-1097-2023-SS.DOC "(a) that notice of above First Appeal No. 1097 of 2023 be served upon Respondent Nos. 41 by publishing the same in local newspaper viz. Daily Sagar having circulation in Thane District under the provisions of Order 5 Rule 20 of the Code of Civil Procedure, 1908." 3.

Let the service be completed and Learned Counsel for the Appellants to file an Affidavit of Service in compliance thereof within a period of six weeks.

4.

The Interim Application is disposed of in these terms. (ARIF S. DOCTOR, J)