Interim application for service of notice by paper publication allowed due to inability to serve respondent at known address.
Service by paper publication allowed.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.15511 OF 2024 IN
CIVIL REVISION APPLICATION NO.580 OF 2024
Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders appearance, Court’s orders or directions and Registrar’s orders
CORAM : S.R. AGRAWAL REGISTRAR (JUDL. - II) DATE : 09th December, 2024
None Present.
The learned Advocate for the Applicant has filed present Interim Application No.15511 of 2024 to serve Respondent No.1 by way of paper publication.
As per office note, the notice issued to Respondent No.1 was returned unserved with Bailiff’s remark dated 07/10/2024, “Not found and door found locked, further inquiry with neighborhood they said Respondent No.1 gone to Mumbai we don’t know when they will be back”.
The learned Advocate for Applicant is not aware of any other address of Respondent No.1. Thus, only option left is to serve the Respondent No.1 by way of paper publication.
The address of above Respondent No.1 mentioned in the notice is same as mentioned in the Interim Application and in the memo of Civil Revision Application as well as Special Civil Suit No.55 of 2007 before the Trial Court. In turn, Interim Application No.15511 of 2024 for paper publication is allowed. Issue paper publication notice to the Respondent No.1. The learned Advocate for the Applicant is directed to collect the publication notice within 02 (two) weeks (excluding Christmas Vacation) and submit service affidavit with paper cutout within 04 (four) weeks. sd/Registrar (Judl. - II) dsm
S.R. AGRAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
