Prabhakar Savitra More And ANR v. Appasaheb Babanrao Dhyabar And ORS

17-wp-12411-2019-ia-1302-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12411 OF 2019 WITH INTERIM APPLICATION NO. 1302 OF 2026 WITH INTERIM APPLICATION NO. 1303 OF 2026 WITH INTERIM APPLICATION NO. 1305 OF 2026 Digitally signed by VARSHA VIJAY RAJGURU Date:

2026.02.21 11:49:46 +0530 VARSHA VIJAY RAJGURU Prabhakar Savitra More and Anr ... Petitioners/Applicants vs.

Appasaheb Babanrao Dhyabar and Ors ... Respondents Mr. Prajkta M. Arjunwadkar a/w. Mr. O.S. Shinde, Mr. J.B. Gharat for the Petitioners.

Ms. Bhakti Wast i/b. Mr. Samir Suryawanshi for Respondent Nos. 1 and 2.

CORAM : GAURI GODSE, J.

DATED : 20th FEBRUARY 2026 ORDER:

1.

These applications are filed for effecting service upon respondent nos. 3 and 4 by way of newspaper publication. As per the office remark, court notice issued to the said respondents is returned with a remark incomplete address. In the trial court, the suit filed by the petitioner for partition and separate possession is Page no. 1 of 2

17-wp-12411-2019-ia-1302-2026.doc dismissed against the said respondents on the ground of not taking any steps to serve them. In these applications, no satisfactory explanation is given for permission to serve by a substituted service. Until and unless an attempt is made to serve the respondents by regular mode of service by providing a complete address, permission for substituted service cannot be granted. 2.

Learned counsel for the applicants seeks leave to file an additional affidavit to support the prayer for substituted service. Additional affidavit to be filed within two weeks. 3.

Stand over to 16th March 2026.

(GAURI GODSE, J.) Page no. 2 of 2