Research › Search › Judgment

Bombay High Court · body

2025 DAILYLAW 6791 (BOM)

SANDIP GORAKH PATIL v. NOORMOHAMMAD ABDUL KHAN AND ORS

CA/2341/2025 · 2025-04-25

Shri Neeraj P Dhote

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 923CA7475.2019.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. 923 CIVIL APPLICATION NO. 2341 OF 2025 IN FAST/12809/2019 Sandip Gorakh Patil VERSUS Noormohammad Abdul Khan And Ors … Mr. Madhav M. Bhokarikar - Advocate for Applicant ... CORAM : NEERAJ P. DHOTE, J. DATED : 25TH APRIL 2025 PER COURT : - 1. This is an Application by the Original Claimants, who are also the Appellants in the Appeal, to serve Respondent Nos. 1 and 2, who are the driver and the owner of the offending vehicle respectively, by way of paper publication. 2. Learned Advocate for the Applicants points out paragraph nos. 4 and 5 of the impugned Judgment and Award, which reads as under : - “4. Respondent No. 1 – driver of the offending vehicle though appeared, failed to file his written-statement, hence petition proceeded “without W.S.” against him. 5. Respondent No. 2 – owner of the offending vehicle though served with public notice, failed to appear, hence claim proceeded ex-parte against him.” 3. The learned Advocate for the Applicants submits that he will serve Respondent No. 1 by RP.A.D. and Respondent No. 2 by paper SG Punde 2 923CA7475.2019.odt publication having wide circulation in the area where Respondent No. 2 resides. 4. In view of the above submission, the Applicant is allowed to serve Respondent No. 2 by way of paper publication having wide circulation in the area where Respondent No. 2 resides and Respondent No. 1 by way of RP.A.D. 5. Issue fresh notice to Respondent Nos. 1 and 2, returnable on 27 th June, 2025 . 6. Application stands disposed off. [NEERAJ P. DHOTE] JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 29/04/2025 10:35:26