Jayant Lunawat v. Rakhmabai Nivrutti Balwadkar And ORS.

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.13867 OF 2024 IN CIVIL REVISION APPLICATION NO.581 OF 2023 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders CORAM : S.R. AGRAWAL REGISTRAR (JUDL. - II) DATE : 14th October, 2024 Advocate Unnati Gala i/by Purnanand & Co. for Applicant Present.

The learned Advocate for the Applicant has filed present Interim Application No.13867 of 2024 to serve Respondent Nos.2(B), 2(C) & 10(C) by way of substitute service.

As per office note, the notice issued to Respondent Nos.2(B), 2(C) & 10(C) is returned unserved with Bailiff's remark dated 26/10/2023, "Not residing at given address".

The learned Advocate for Applicant is not aware of any other address of Respondent Nos.2(B), 2(C) & 10(C). Thus, only option left is to serve the Respondent Nos. 2(B), 2(C) & 10(C) by way of affixing the notice.

The address of above Respondent Nos.2(B), 2(C) & 10(C) mentioned in the notice is same as mentioned in the Interim Application and in the memo of Civil Revision Application as well as Special Civil Suit No.1159 of 2012 before the Trial Court.

In turn, Interim Application No.13867 of 2024 for substitute service summons is allowed. Hence, the office is directed to issue notice to the Respondent Nos.2(B), 2(C) & 10(C) and concerned bailiff be directed that in case Respondent Nos.2(B), 2(C) & 10(C) does not found on the address, then notice be affixed on the outer door or some other conspicuous part of their premises, as provided under Order 5, Rule 17 and 19 of the Code of Civil Procedure.

sd/- Registrar (Judl. - II) dsm