Nizam Haider Bishmillah v. Shafique S. Choudhary And ANR.

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION. NO. 12385 OF 2025 IN FIRST APPEAL(ST) NO. 33604 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 : 10/10/2025 None present As per office note, notice issued to Respondent No. 1 is returned unserved with Bailiff's remark dated 17/06/2025, "incomplete address". Likewise, the learned advocate for appellant has filed affidavit of service dt. 22/04/2025 by permission of Hon'ble Court stating therein that the said notice is returned unserved with remark of postal authority as, "incomplete address".

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 Learned Advocate has taken outpresent Interim Application to serve Respondent No. 1 by way of substituted service. Address of Respondent No. 1 mentioned in the above notice is same as mentioned in Interim Application and in memo of First Appeal as well as in Judgment of the Lower Court.

In turn, Interim Application No. 12385 of 2025 for substituted service is allowed in terms of prayer clause (a), returnable by 10 weeks.

The learned Advocate for the Applicant is directed to collect copy of Publication Notice from the department within two weeks and thereafter, publish the same in the newspaper and file published copy of newspaper within 08 weeks from the date of this order. The learned Advocate is directed to do all the exercise within 10 weeks from the date of this order.

Sd/- REGISTRAR (JUDL-II) sat-R(J-II)-10.10.2025