Disposed
Smt. Swati W/O Pradip Harde (Maiden Name Swati W/O Vitthalrao Khangar) v. Pooja D/O Late Pradip Harde and Others
Bombay HCCAW/782/2024
What the court decided
AI extract
Outcome
Allowed substituted service by newspaper publication
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CAW No. 782/2024 in Writ Petition No. 664/2024
Coram : Registrar (Judicial) Dated :22.03.2024
This application is filed under Order 5 Rule 20 of the Code of Civil Procedure, 1908, for substituted service upon respondents by paper publication. It is stated in the application that the notice could not be served upon the respondents by private service despite best efforts, as mentioned in the service affidavit filed by the petitioner on 05.02.2024. On persual of the service report, it is stated therein that the notice issued to respondent no.1 is received back unserved, the respondent no.2 is in jail and the respondent no.3 is reported to be dead. The applicant thus prays for substituted service upon unserved respondents for effective adjudication of the matter. As per the office note, the noticees sent by usual mode are also returned back unserved.
Considering the reasons mentioned in the application and the bailiff report, the applicant is allowed to serve aforesaid respondent by substituted service on last known address.
Substituted service be effected upon the aforesaid respondents by publishing notice in widely circulated local daily newspaper i.e. (“ Punyanagari”, Nagpur Edition ), in terms of Order V Rule 20 (1-A) of CPC, returnable within four weeks from the date of publication of notice.
(D.P. Satawalekar) Dated:22.03.2024 Registrar(Judicial)
Signed by: Mr. Bhojraj Pal Designation: Higher Grade Steno Date: 28/03/2024 15:07:22
1 provisions across 1 enactments
applicant
respondents
D.P. Satawalekar
As recorded by the court registry
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