Santosh Ramrao Ighare v. Sadashiv Marotrao Ighare And Others

11-CA11358.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11358 OF 2025 IN WRIT PETITION NO. 9173 OF 2024 Santosh Ramrao Ighare

VERSUS

Sadashiv Marotrao Ighare And Others ---- Mr.Z.Z.Sayyed, Advocate for applicant ---- CORAM : AJIT B. KADETHANKAR, J.

DATE : APRIL 02, 2026 ORDER :- This is an application seeking permission to serve the court notice by publishing in local newspaper taking recourse to Order 5 Rule 20 of the Code of Civil Procedure. It is contended that respondent no.6 could not be served by the petitioner despite several attempts. It is submitted that initially, the notice was returned for incomplete address. Then, fresh address was submitted by the petitioner. Thereafter, for three times the petitioner sought to serve respondent no.6 but probably, she is avoiding the notice. It is submitted that the petitioner is left with no choice than to take recourse to Order 5 Rule 20 of C.P.C. to serve respondent no.6 by paper publication.

11-CA11358.2025 (2) In view of the above, for the reasons stated in the application, the application is allowed in terms of prayer clause (B). Issue notice to the respondent no.6, returnable by 30.04.2026. The applicant/petitioner to publish a court notice issued by the Registry in the name of respondent no.6 in the daily newspaper "Sakal", returnable on 30.04.2026 and submit two sets of the newspaper in compliance.

(3) Stand over to 30.04.2026.

[AJIT B. KADETHANKAR, J.] ...........

KBP