Manohar Supdaji Sonwane v. Sumanbai Deorao Sonwane Deceased Through Lrs Kusum Sonaji Magar And Others

(1) 998 CA 4306 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 998 CIVIL APPLICATION NO. 4306 OF 2026 IN SA/67/2022 MANOHAR SUPDAJI SONWANE

VERSUS

SUMANBAI DEORAO SONWANE DECEASED THROUGH LRS KUSUM SONAJI MAGAR AND OTHERS ...

Mr. Aditya Lokhande h/f. Mr. S. S. Tope, Advocate for Applicant WITH SECOND APPEAL NO. 67 OF 2022 WITH CIVIL APPLICATION NO. 789 OF 2022 IN SA/67/2022 ...

CORAM

: MEHROZ K. PATHAN, J.

Dated : 16.04.2026 PER COURT:- SECOND APPEAL NO. 67 OF 2022 .

The learned counsel for the appellant submits that notice issued to respondent No.3 is returned unserved. 2.

Issue fresh notice to respondent No.3, returnable on 07.05.2026.

3.

The appellant is permitted to serve respondent No.3 through private mode of service in addition to regular mode of service.

(2) 998 CA 4306 OF 2026.odt CIVIL APPLICATION NO. 4306 OF 2026 4.

The learned counsel for the applicant submits that respondent No.3 is deliberately avoiding service thereby causing delay for the admission of the present appeal. Notices were initially issued by this Court pursuant to order dated 01.03.2022 made returnable on 05.04.2022. A fresh address was also provided and notice was again issued to respondent No.3 on the fresh address. However, respondent No.3 is avoiding service.

5.

For the reasons stated in the application, the civil application is allowed.

6.

The applicant is permitted to serve respondent No.3 by substituted service through paper publication in a widely circulated newspaper, as per Order V Rule 20 of the Code of Civil Procedure. 7.

The civil application is disposed of accordingly. (MEHROZ K. PATHAN, J.) PRW