M/S. Shree Sai Developers v. Sushilabai Jagannath Patwardhan Deceased Thr.Lrs. And ORS.

904.IA 38364-25 in FA 983-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 38364 OF 2025 IN INTERIM APPLICATION NO. 10023 OF 2025 IN FIRST APPEAL NO. 983 OF 2016 M/s Shree Sai Developers ...Applicant In the matter between Sushilabai Jagannath Patwardhan, deceased & Ors. ...Appellants V/s.

State of Maharashtra

...Respondent

Mr.Vipul Patel for the Applicant.

Ms. Shilpa Talhar, AGP for the State-Respondent.

CORAM

:

ABHAY AHUJA, J.

DATE :

11th DECEMBER, 2025 P.C. :

1.

Mr. Patel, learned Counsel appears for the Applicant and submits that service by the usual mode could not be effected and that this Court may allow substituted service in terms of the prayer Clause (a). 2.

Mr. Patel draws this Court's attention to paragraphs 2 to 7 of the Application and submits that this Court may in view thereof allow the Application.

3.

Ms. Talhar, learned AGP appearing for the State submits that she has no objection if the Interim Application is allowed. Digitally signed by NIKITA YOGESH GADGIL Date:

2025.12.11 15:15:15 +0530 NIKITA YOGESH GADGIL Nikita Gadgil 1/2

904.IA 38364-25 in FA 983-16.doc 4.

Having heard the learned Counsel and having considered the submissions and for reasons submitted before this Court and as contained in the Application, the Interim Application is allowed in terms of the prayer Clause(a), which reads thus:- "(a) That this Hon'ble Court may be pleased to allow this Interim Application and allow the Applicants to serve the Notice of the Interim Application No. 10023 of 2025 filed in the subject First Appeal upon the Respondent Nos. 1 to 9 (Original Appellants) as and by way of substituted service as per the provisions contained Order V Rule 20 of Civil Procedure Code, 1908, through newspaper publication in the daily newspapers, viz. 'Free Press Journal' (English Newspaper) and "Navshakti' (Marathi Newspapers)."

5.

Let publication be effected within a period of two weeks and an appropriate affidavit of service be filed in two weeks thereafter. 6.

The Interim Application accordingly stands allowed and disposed as above.

(ABHAY AHUJA, J.) Nikita Gadgil 2/2