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Bombay High CourtIA/13887/2024allowed

Smt. Adari Bibi Yasin Shaikh @ Sekh And ORS. v. Shri. Raju Shankar Sahana And ORS.

2024-10-15Shri. 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. 13887 OF 2024 IN FIRST APPEAL NO. 679 OF 2024 --------------------------------------------------------------------------------------------------------------- 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 : 15/10/2024 Adv. Vinay Nair i/by Adv. Arun Panickar present for respondent nos. 2 and 3.

Perused.

The Learned Advocate has taken out present Interim Application to serve Respondent No. 4 by way of substituted service. As per office note, notice issued to Respondent No. 4 is returned unserved with Bailiff's remark dated 15/07/2024, "Not found, inmate person present occupant and neighbouring lady informed that said flat is residential premises and they don't know anything about said respondent no. 4 and they did not give any certain information about respondent no. 4".

The learned Advocate for Applicant is not aware about new address. Thus, only option left is to serve the Respondent No. 4 by way of substituted service.

Address of Respondent No. 4 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. 13887 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)-15.10.2024