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Bombay High CourtCRA/92/2025rejected at admission stage

Smt. Chhaya Ashok Firodia And Another v. Jijabai Darma Salve (Deceased) Thru. Respondent No. 2 To 5

2025-10-01Hon'Ble Shri Justice Shailesh P. Brahme2 pages

( 1 ) 929 CRA NO. 92 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CRA NO. 92 OF 2025 SMT. CHHAYA ASHOK FIRODIA AND ANOTHER

VERSUS

JIJABAI DARMA SALVE (DECEASED) THRU. RESPONDENT NO. 2 TO 5 ...

Mr. Rushikesh Lohe h/f. Mr. A. P. Bhandari, Advocate for the applicants WITH CIVIL APPLICATION NO. 10835 OF 2025 IN CRA/92/2025 SMT. CHHAYA ASHOK FIRODIA AND ANOTHER

VERSUS

JIJABAI DARMA SALVE (DECEASED) THRU. RESPONDENT NO. 2 TO 5 AND ANOTHER ...

CORAM

: AJIT B. KADETHANKAR, J.

DATE : 01.10.2025 PER COURT :- 1.

It is submitted that the notices issued by this Court to respondent Nos. 2 to 4, 20-A to 20-C, 20-D-1 to 20-D-2, 20E, and 20-F were returned unserved with the endorsement that the respondents are not residing at the given addresses. Mr. Rushikesh Lohe, on behalf of Mr. A. P. Bhandari, learned counsel for the applicants, submits that these addresses mentioned in the proceedings are the last and best known addresses of the respondents. It is further submitted that the same addresses were used to serve the respondents

( 2 ) 929 CRA NO. 92 OF 2025 during the trial proceedings. In view of this, the applicants are left with no alternate remedy but to file an application under Order 5 Rule 20 of the CPC seeking service of notice on such respondents by publication in the newspaper. The applicants have made out a case for substituted service under Order 5 Rule 20 of the CPC as prayed in the application. 2.

In view of this, I pass the following order :

ORDER

a.

For the reasons stated in the application, Civil Application is allowed in terms of prayer clause "B".

b.

Notice to respondent Nos. 2 to 4, 20-A to 20-C, 20-D-1 to 20-D-2, 20E, and 20-F shall be served by publication in the "Dainik Sakal" newspaper, Ahmednagar District Edition. c.

Notice made returnable on 26.11.2025.

3.

Interim relief, if any, to continue till then. 4.

Applicants shall submit a copy of this order to the Trial Court immediately.

[AJIT B. KADETHANKAR, J.] PRW