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Bombay High CourtIA/2299/2026allowed

Minaxi Madhu Haksar v. Bhalchandra Anandrao Rackvi (Deleted) And ORS

2026-04-01Hon'Ble Shri Justice Abhay Ahuja3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5632 OF 2001 Mrs. Minaxi Madhu Haksar ... Petitioner V/s.

Shri. Bhalchandra Anandrao Rackvi and Others ... Respondents WITH INTERIM APPLICATION NO. 2299 OF 2026 IN WRIT PETITION NO. 5632 OF 2001 Mrs. Minaxi Madhu Haksar ... Applicant V/s.

Shri. Bhalchandra Anandrao Rackvi (Deleted) and Others ... Respondents ------------- Ms. Mumtaz Shaikh i/b Mr. Prem S. Gidwani, Advocate for the Petitioner/Applicant.

None for the Respondents.

-------------

CORAM

: ABHAY AHUJA, J.

DATE : 1st APRIL, 2026.

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P.C. :

INTERIM APPLICATION NO. 2299 OF 2026 1.

Ms. Mumtaz Shaikh, learned Counsel appears for the Applicant and submits that in pursuance of the earlier order of this Court, the present Interim Application seeking substituted service on the unserved Respondents has been taken out, as service by the regular mode has not been possible. That this Court may allow the Interim Application so that service upon the unserved Respondent Nos. 2, 9, 10, 12, 13 & 15 to 18 can be effected by the substituted modes of publication and pasting.

2.

Having heard the learned Counsel for the Applicant and having considered the submissions, this Court is of the view that the Interim Application be allowed in terms of prayer clause (a), which reads thus :- "(a) the Applicant be permitted to serve copy of Notice upon the Respondents No. 2, 9, 10, 12, 13, 15, 16, 17, 18 by substituted service i.e. (i) by publishing extract fo Notice in English daily newspaper - "Free Press Journal" and daily Hindi newspaper "Navbharat" and (ii) by pasting copy of a Notice on the outdoor of the Respondents No. 2, 9, 10, 12, 13, 15, 16, 17, 18 at the last known address."

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3.

Let the service by way of substituted modes, as above, be effected within a period of 4 weeks and an appropriate Affidavit of Service be filed in this regard.

4.

The Interim Application accordingly stands allowed and disposed of in the abovesaid terms.

WRIT PETITION NO. 5632 OF 2001

1. List the Petition on 17th June 2026.

(ABHAY AHUJA, J.) by GITALAXMI KRISHNA KOTAWADEKAR Date:

2026.04.02 11:10:23 +0530 GITALAXMI KRISHNA KOTAWADEKAR Gitalaxmi 3/3