Suresh Zipru Valhe v. Vilas Dhanji Zalte And Others

( 1 ) 934 SA 33 OF 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 SECOND APPEAL NO. 33 OF 2022 SURESH ZIPRU VALHE

VERSUS

VILAS DHANJI ZALTE AND OTHERS ...

Advocate for Appellant : Sr. Adv. Deelip Patil Bankar i/b. Ms. Aachal Raghuwanshi Advocate for Respondent No.2 : Mr. I. K. Wagh h/f. Mr. K. M. More ...

WITH CIVIL APPLICATION NO. 662 OF 2022 IN SA/33/2022 WITH CIVIL APPLICATION NO. 6367 OF 2025 IN CA/13999/2023 WITH CIVIL APPLICATION NO. 13999 OF 2023 IN SA/33/2022 ...

CORAM

: PRAFULLA S. KHUBALKAR, J.

DATE : 25.06.2025 PER COURT :- CIVIL APPLICATION NO. 6367 OF 2025 1.

This is an application under Order 5 Rule 20 of the Code of Civil Procedure for effecting service of notice on respondent Nos.3G by newspaper publication.

2.

The learned Senior Advocate appearing for the appellant points

( 2 ) 934 SA 33 OF 2022 out from Bailiff report that the efforts to effect service upon respondent No.3G by way of regular mode of service were made. However, she has deliberately avoided service of notice and although she is aware of pendency of proceedings through the other respondents who are related to her, the service is being avoided and therefore it is necessary to effect service through paper publication. He further submits that current address of respondent No.3G is insufficient.

3.

In that view of the matter, the appellant/applicant is permitted to serve the respondent No.3G through Marathi newspaper publication "Lokmat" in addition to this, appellant is also directed to serve the said respondents by registered post acknowledgment due through the Court. Notice by registered post be sent to non applicant No.3G through the Office of this Court on copies and postage being supplied by the applicant, returnable on 04.08.2025. 4.

After service is complete upon the respondents, the matter be listed for admission.

5.

The Civil Application is disposed of.

( PRAFULLA S. KHUBALKAR, J. ) PRW