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Bombay High CourtIA/7584/2025disposed off

Mr. Arun Rajendra Tiwari v. Mr. Jitendra Pratap Singh And ORS.

2025-04-29Shri. 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. 7584 OF 2025 IN FIRST APPEAL NO. 681 OF 2018 --------------------------------------------------------------------------------------------------------------- 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 : 29/04/2025 Adv. Sneha Ramnathan i/by Adv. A. M. Gokhale present for applicant.

Adv. Sandip Gupta i/by Adv. P. A. Narayanan present for respondent no. 2 in First Appeal. The learned Advocate for the applicant has filed present Interim Application to serve Respondent No. 1 by way of substituted service i.e by publishing notice in daily newspapers.

As per office note, the notices of Respondent No. 1 are returned unserved with Bailiff's remark dated 23/09/2019 and 24/09/2019, "Not found, on inquiry with servant, he informed that respondent no. 1 has gone out of station" and "not found, not

residing at given address", respectively.

The learned Advocate for Applicant is not aware about new address. Thus, only option left is to serve the Respondent No. 1 by way of substituted service.

The address of Respondent No. 1 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. 7584 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)-29.04.2025