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Bombay High CourtIA/7463/2025allowed

Khojema Tayabally Tawawala v. Ibrahim Gulam Husain Tawawala (Since Deceased Thr. His Lrs.) 1.Asma Ibrahim Tawawala And ORS.

2025-04-21Shri. 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. 7463 OF 2025 IN FIRST APPEAL NO. 185 OF 2020 --------------------------------------------------------------------------------------------------------------- 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. Nikhil Ghate present for the Applicant The learned Advocate for the applicant has filed present Interim Application to serve Respondent Nos. 1(c), 6(a) and 6(b) by way of substituted service i.e by publishing notices in daily newspapers.

As per office note, the notices of Respondent Nos. 1(c), 6(a) and 6(b) are returned unserved with Bailiff's remark dated 19/03/2025, "gone out and there is no fixed time of return".

The learned Advocate for Applicant is not aware about new addresses. Thus, only option left is to serve the Respondent Nos.

1(c), 6(a) and 6(b) by way of substituted service.

The address of Respondent Nos.

1(c), 6(a) and 6(b)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. 7463 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