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Bombay High CourtIA/13905/2024allowed

Sunraj Construction Through Its Proprietor Mr. Vashdev B. Khushalani v. Jairam Daji Gaikar (Since Deceased) And ORS.

2025-01-21Hon'Ble Justice Sharmila U. Deshmukh2 pages

2025:BHC-AS:3204 60 ia13905-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.13905 OF 2024 IN FIRST APPEAL NO.52 OF 2021 Sunraj Construction Through Its Proprietor Mr. Vashdev B. Khushalani ... Applicant.

In the matter between:

Sunraj Construction Through Its Proprietor Mr. Vashdev B. Khushalani ... Appellant.

Versus

Jairam Daji Gaikar (Since Deceased) and Ors.

... Respondents.

----- Ms. Druti Datar i/by Mr. Rajesh Datar for the Appellant. ----- Coram : Sharmila U. Deshmukh, J.

Date : January 21, 2025 P. C. :

1.

Interim Application has been preferred seeking permission to serve the Respondent No.15 by substituted service under Order V Rule 20 of the Code of Civil Procedure, 1908. 2.

Office remarks which are reproduced in the Application is that the Respondent No.15 has got married since three to four years ago. Learned counsel appearing for the Applicant submits that the Applicant does not have any knowledge about the address of the Respondent No.15 and despite due efforts, the address is not made available to the Applicant.

sa_mandawgad 1 of

60 ia13905-24 3.

In light of the above, Interim Application is allowed. The notice to be served upon the Respondent No.15 by publishing the same in the local newspaper viz. Marathi "Daily Sakal" and English "Free Press Journal". After effecting the service, the copy of the affidavit of service be filed on record of this Court. 4.

Interim Application is allowed.

[Sharmila U. Deshmukh, J.] 2 of Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 23/01/2025 13:12:00