Brij Ahuja (Brijlal M. Ahuja) v. Briji Maraj (Since Deceased) And 11 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION by KANCHAN PRASHANT DHURI Date:

2026.02.10 20:07:38 +0530 REVIEW PETITION NO. 2 OF 2025 KANCHAN PRASHANT DHURI IN SUIT NO. 760 OF 2019 Brij Ahuja ... Petitioner

Versus

Shree Ahuja Properties Pvt Ltd ... Respondent WITH INTERIM APPLICATION NO. 7823 OF 2025 INTERIM APPLICATION (L) NO. 1973 OF 2026 IN REVIEW PETITION NO. 2 OF 2025 ............

Mr. Pramod Patil alongwith Mr. Shyam Solanke, Mr. Dhairyasheel Kale, Ms. Mamta Pandey and Mr. Ramesh Deshmukh instructed by PNP & Associates, Advocate for the Petitioner.

Mr. Swayam Chopda, OSD, Court Receiver, High Court, Bombay, present.

............

CORAM

:

ABHAY AHUJA, J.

DATE :

10 FEBRUARY 2026 P.C. :

Interim Application No. 7823 of 2025 :

1.

After some discussion based on the additional affidavit that has been filed on behalf of the Applicant with respect to the service to the Defendant No.1(b), Mr. Patil, learned Counsel seeks some time to serve the Defendant No.1(b) at the correct address at Port of Spain, Trinidad & Tobago and file an appropriate affidavit of service. Kanchan Dhuri 1/3

2.

As regards Defendants No.2 and 8 are concerned, Mr. Patil points out that the packets have been returned with the remarks "addressees have left without instructions" and as regards Defendants No.9 and 10, the packets have been returned with the remarks "insufficient address" and therefore submits that as regards the said Defendants this Court may permit substituted service in terms of Interim Application No.7823 of 2025.

3.

Having heard the learned Counsel and having considered their submissions, the Interim Application No.7823 of 2025 as regards Defendants No.2, 8, 9 and 10 is allowed in terms of prayer clause (a). Since Defendant No.1(b) would be served at the address in Trinidad & Tobago, no order of substituted service is necessary for the same. 4.

Let the newspaper publication with respect to the Defendants No.2, 8, 9 and 10 be effected within a period of four weeks and an appropriate affidavit of service be filed.

5.

Interim Application Accordingly stands allowed and disposed as above.

6.

Mr. Patil further submits that since the Interim Application No.7823 of 2025 has been allowed, he has instructions to withdraw the Interim Application (L) No. 1973 of 2026.

Kanchan Dhuri 2/3

7.

Interim Application (L) No. 1973 of 2026 accordingly stands disposed as withdrawn.

8.

List the Review Petition on 24th March 2026.

(ABHAY AHUJA, J.) Kanchan Dhuri 3/3