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Bombay High CourtCHOL/228/2026disposed off

Sunita Narayan Kokate v. Dagadu Laxman Kokate

2026-04-02E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 2nd April, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

20. CHOL/ 228/2026 AMH20250014541C20260 ) ) ) Shri Jayant Wani i/by Seema Hunnurkar & Associates, Advocate for the Applicant / Petitioner. IN TP /3168/2022 P.C.

By this Chamber Order the Applicant / Petitioner seeks liberty to serve the Witness Summons upon Shyam Anant Gavankar by way of substituted service as per schedule annexed to the Chamber Order.

2.

Perused the affidavit in support. Ld. Advocate for the Applicant submits that, as per Order dated 20th November 2023 passed by this Hon'ble Court Witness Summons were issued and served upon the Witnesses viz. Jaywant Mahadev Thale and Shyam Anant Gavankar. He further submits that, the witness summons sent for service could not be served upon Shyam Anant Gavankar and bailiff of Sheriff of Bombay had filed an affidavit of service dated 22nd January 2024. He further submits that, the Applicant had attempted to trace the present address of the said Shyam Anant Gavankar in the area of his last known address and also made inquiries but she could not ascertain his present address and whereabouts. He further submits that, the Applicant be permitted to grant leave to serve the witness summons upon Shyam Anant Gavankar by way of publication in two newspapers viz. "Free Press

: 2 :

Journal" in English language and "Navshakti" in vernacular language i.e. Marathi, widely circulated in Mumbai and in the State of Maharashtra.

3.

For the reasons stated in the affidavit in support the Chamber Order is allowed. Liberty is granted to the Applicant to serve the witness summons upon Shyam Anant Gavankar by way of substituted service by way of publishing the witness summons in two newspapers viz. "Free Press Journal" in English language and "Navshakti" in vernacular language i.e. Marathi, widely circulated in Mumbai and in the State of Maharashtra within four weeks. Applicant to file affidavit of publication within two weeks from the date of publication.

02.04.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk