SANDIP GORAKH PATIL v. NOORMOHAMMAD ABDUL KHAN AND ORS
CA/2341/2025 · 2025-04-25
Shri Neeraj P Dhote
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6791 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6791 (BOM) · dailylaw.ai ]
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