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Bombay High CourtIA/7153/2025disposed off

Smt. Suman Ananda Magar And ORS. v. Shri. Laxman Baban Magar And ORS.

2025-04-09Shri. S.R. Agrawal, Registrar(Judl Ii)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7153 OF 2025 IN FIRST APPEAL NO. 901 OF 2024 --------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's order appearance, Court's Orders or directions and Registrar's orders --------------------------------------------------------------------------------------------------------------- CORAM : SHRI S. R. AGRAWAL REGISTRAR (JUDL -II) DATE : 09/04/2025 Adv. Balaji Shinde i/by Adv. A.B. Tajane present for Applicant The learned Advocate for the applicant has filed present Interim Application to serve Respondent No. 3 by way of substituted service i.e by publishing notice in daily newspapers.

As per office note, the notice of Respondent No. 3 is returned unserved with Bailiff's remark dated 26/06/2024, "not found at given address and door was locked.

On inquiry it is informd that respondent no.

3 is residing at Mumbai, therefore notice pasted on the door of the house of the respondent No. 3

The learned Advocate for Applicant is not aware about new address. Thus, only option left is to serve the Respondent No. 3 by way of substituted service.

The address of Respondent No. 3 mentioned in the notices are same as mentioned in Interim Application and in memo of First Appeal as well as in Judgment of the Trial Court.

In turn, Interim Application No. 7153 of 2025 for substituted service is allowed in terms of prayer clause (a). The learned Advocate for the Applicant is directed to collect copy of Publication Notice from the department within two weeks and thereafter, to file affidavit of service of notice alongwith published copies of notice of newspapers in the department within 08 weeks without fail.

Sd/- REGISTRAR (JUDL-II) sat-R(J-II)-09.04.2025