DYNESHWAR KASHINATH MALI (PAGARE) v. SHAIKH SALIM SHAIKH HAMID KHAN AND ORS
CA/10022/2024 · 2025-05-06
Shri Prafulla S Khubalkar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60612 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60612 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
10022.24ca (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
939 CIVIL APPLICATION NO. 10022 OF 2024 IN FAST/11242/2023 DYNESHWAR KASHINATH MALI (PAGARE) VERSUS SHAIKH SALIM SHAIKH HAMID KHAN AND ORS …. Mr A. D. Sonar, Advocate for applicant
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 6th May, 2025 PER COURT:
1. This is an application for effecting service of notice upon respondent No.1 under Order V Rule 20(1-A) of the Code of Civil Procedure by way of paper publication.
2.
Learned counsel for the applicant submits that respondent No.1, who was driver of offending vehicle, could not be served as he was out of station whenever an attempt was made to effect service upon him. It is also submitted that, in view of the bailiff's report at the stage of effecting service of the application for condonation of delay, it was revealed that respondent No.1 was not residing on the address earlier known to the applicant/appellant, and therefore, for effecting 2025:BHC-AUG:13453
10022.24ca (2) service upon respondent No.1, service may be permitted through paper publication.
3. Considering the submissions advanced and reasons stated in paragraph Nos.2 and 3 of the civil application, the same is allowed. Respondent No.1 be served through paper publication in “Dainik Warta” newspaper of Dhule City. Notice to respondent No.1 is made returnable on 18/07/2025.
(PRAFULLA S. KHUBALKAR, J.) sjk