TANAJI NAMDEO NIKATE AND ANR v. SACHIN LAXMAN MOHOL AND ORS
IA/7049/2026 · 2026-09-08
body2022
DailyLaw.ai
[ 2022 DAILYLAW 3206 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2022 DAILYLAW 3206 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
KVM 1/3 54 - WP 4320 OF 2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4320/2022 ALONGWITH INTERIM APPLICATION NO. 7048/2026 ALONGWITH INTERIM APPLICATION NO. 7049/2026 IN WRIT PETITION NO. 4320/2022 MR. TANAJI NAMDEO NIKATE & ANR.
….. PETITIONERS/ APPLICANTS VS MR. SACHIN LAXMAN MOHOL & ORS.
….. RESPONDENTS Adv. S. S. Patwardhan i/b. Adv. Mrinal A. Shelar for the Petitioners/Applicants. Adv. Nikhilesh Pote for the Respondent Nos. 1 to 7. Adv. Pramod Pawar for the Respondent Nos. 11 and 12.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 8TH SEPTEMBER, 2026
P.C. :- INTERIM APPLICATION NO. 7048/2026 1) This is an application filed for substitution of names of the legal representatives of the respondent no.13 by condoning delay of 1213 days. 2) Issue notice to the proposed legal heirs of the respondent KANCHAN VINOD MAYEKAR Digitally signed by KANCHAN VINOD MAYEKAR Date: 2026.09.09 19:06:01 +0530
KVM 2/3 54 - WP 4320 OF 2022.doc no.13 as mentioned in paragraph no.3 of the Interim Application, returnable on 22nd September, 2026. 3) The petitioners/applicants are permitted to effect service upon the legal heirs, by private mode in addition to regular mode of service and file an affidavit of service before next date.
INTERIM APPLICATION NO. 7049/2026 1) This is an application under Order V Rule 20 of CPC, filed by the petitioners seeking substituted service upon respondent nos. 9 and 14 by way of paper publication. 2)
Learned counsel for the petitioners states that the petitioners have made all the attempts to serve respondent nos. 9 and 14 by sending notices on the addresses which are mentioned in their ‘Registered Address’ form submitted before the Trial Court, however, the notices are returned with an endorsement of insufficient addresses. He submits that the said respondents are residing on the same addresses, but are avoiding service. He also states that the petitioners/original plaintiffs have already stated in the plaint that these respondents are formal parties and despite that they need to be served since they are arrayed as parties to the petition. 3) Considering the reasons mentioned in the application and
submissions advanced, the petitioners are permitted to serve the
KVM 3/3 54 - WP 4320 OF 2022.doc respondent nos. 9 and 14 by way of paper publication by publishing notice in the newspaper ‘Daily Sakal’, Pune City edition. 4) Interim Application is disposed of accordingly.
WRIT PETITION NO. 4320/2022 1) List the matter for further consideration on 22nd September, 2026.
[PRAFULLA S. KHUBALKAR, J.]