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Bombay High CourtCAW/640/2025allowed

Roshan Bhaskarrao Thakare And Others v. Bhaurao Indrabhanji Tidke And Others

2025-04-25Registrar (Judicial)2 pages

C.A.W. NO. 640/2025 IN W.P. NO. 4607/2024 Coram : REGISTRAR (JUDICIAL) Dated : 25/04/2025 This application is filed by the applicants for bringing the legal heirs of the deceased R.No. 4B - Sau.

Nirmala Parmeshwar Kambe on record. It is stated in the application that aforesaid respondent expired on 28/12/2024.

It is seen that the respondent expired on 28/12/2024 during the pendency of the matter and the present application is filed on 17/03/2025 i.e.

within time stipulated and right to sue survives.

Hence, the application is allowed.

Permission is granted to the applicants to bring the legal heirs of the aforesaid deceased respondent No. 4B on record. Necessary amendments be carried out in the cause title of the matter.

C.A.W. No. 641/2025 in W.P. No.

4607/2024 The civil application is filed under Order V Rule 20 of the C.P.C., 1908 for substituted service upon respondent No. 3D P.T.O.

//2// by way of paper publication. It is stated in the application that the respondent was unserved for want of correct address. It is further stated that the petitioner came to know that the R.No. 3D is residing at Nashik. Thus, the applicant wants to serve aforesaid respondent by way of paper publication.

Hence, considering the reasons mentioned in the application, substituted service be effected upon aforesaid respondent by publishing a notice in widely circulated local daily newspaper 'Deshdoot'

Nashik Edition, in terms of Order V Rule 20 (1-A) of C.P.C., returnable within five weeks from the date of publication of notice.

(Premal S. Vithalani) Dated:25/04/2025 Registrar(Judicial)