Khalil Ahmed Fazandar (Dec.) Thr. Lrs. Naushin Khalil Fajandar v. Bee Mohammed Fatima,Proprietress Of M/S. Fatima Enterprises, Thr. C.A. Qureshi Salim Mohammed Umar
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7813 OF 2025 WITH INTERIM APPLICATION NO.15679 OF 2023 IN CIVIL REVISION APPLICATION NO.202 OF 2023 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.R. AGRAWAL REGISTRAR (JUDL. - II) DATE : 07th May, 2025 Advocate Mohanish S. Ghatge for Applicant present.
The learned Advocate for the Applicant has filed present Interim Application No. 7813 of 2025 to serve sole Respondent (Applicant in Civil Revision Application) by way of paper publication.
As per office note, the notice issued to sole Respondent (Applicant in Civil Revision Application) was returned unserved with Bailiff's remark dated 03/01/2025, "The said Bee Mohammed Fatima not found at the time of service after enquiry with inmate
person Mr. Mohammed Wasim informed that Bee Mohammed Fatima has gone out of station and not fixed time to return he also informed that her C.A. expired on 14/12/2024 but death certificate not available".
The learned Advocate for Applicant is not aware of any other address of sole Respondent. Thus, only option left is to serve the sole Respondent (Applicant in Civil Revision Application) by way of paper publication.
The address of above sole Respondent (Applicant in Civil Revision Application) mentioned in the notice is same as mentioned in the Interim Application and in the memo of Civil Revision Application as well as (A1) Appeal No. 422 of 2015 in R.A.E. Suit No.624/931 of 2009 before the Trial Court.
In turn, Interim Application No.7813 of 2025 for paper publication is allowed. Issue paper publication notice to the sole Respondent (Applicant in Civil Revision Application). The learned Advocate for the Applicant is directed to collect the publication notice within 02 (two) weeks
(excluding Summer Vacation) and submit service affidavit with paper cutout within 04 (four) weeks.
sd/- Registrar (Judl. - II) dsm