Walter Murzello v. Alban Jacinto Murzello And ORS.

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7403 OF 2025 IN FIRST APPEAL (STAMP) NO. 15419 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 : 21/04/2025 Adv. Dipak Shukla i/by Adv. Birendranath Shukla present for the Applicant The learned Advocate for the applicant has filed present Interim Application to serve Respondent Nos. 1, 2, 3B to 3E and 4 by way of substituted service i.e by publishing notice in daily newspapers.

As per office note, the notices of Respondent Nos. 1 and 2 are returned unserved with Bailiff's remark dated 23/9/2024, "Want of Full and detail address"

and notices of respondent Nos. 3B to 3E are returned unserved with Bailiff's remark dated 23/9/2024, "not found" and notice of respondent No. 4 is returned unserved with

Bailiff's remark dated 06/02/2025 "not found, gone out of state and no fixed day of her return".

The learned Advocate for Applicant is not aware about new addresses. Thus, only option left is to serve the Respondent Nos. 1, 2, 3B to 3E and 4 by way of substituted service.

The address of Respondent Nos. 1, 2, 3B to 3E and 4 mentioned in the notice is 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. 7403 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)-21.04.2025