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2026 DAILYLAW 4509 (BOM)

SAMALOCHAN EKTA CO-OPERATIVE HOUSING SOCIETY LTD., THR. SECRETARY, AHMED KHAN ISMAIL KHAN v. SMT. REKHA GOWARDHAN BORKAR (DEAD) THR. LRS. SANJAY GOWARDHAN BORKAR AND OTHERS

CAA/52/2026 · 2026-08-25

body2026

Judgment text

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1 caa 25.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CAA No.25/2026 IN AO No.19/2026 Samalochan Ekta Cooperative Housing Society Vs. Smt. Rekha Gowardhan Borkar through LR’s and ors. Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V.V.Sharma, Advocate for applicant. Mr.H.D.Dubey, AGP for respondent nos.6 and 7. CORAM: Y. G. KHOBRAGADE, J. DATED : 25th AUGUST, 2026 1. Learned counsel appearing for the applicant made a statement that on 9th July, 2026, the applicants-appellants filed Pursis No.5/2026 stating that, respondent no.3, Rahul Govardhan Borkar, has expired, leaving behind his legal heirsm namely. respondent nos.1 to 5, who are siblings of deceased respondent no.3. Accordingly, leave is granted to deletion the name of respondent no.3/non- applicant no.3 Rahul Govardhan Borkar. Necessary amendment be carried out within two weeks from today. Civil Application No.52/2026 in CAA No.25/2026 2. By the present application, the applicant seeks permission to serve non-applicant nos.4 and 5 by substituted service by publishing the notice in a daily newspaper. 3. Non-applicant no.4, Sangita Rajesh Wankhede appears to be resident of Wayagaon, Tah Umred, District Nagpur and non- applicant no.5, Sujata Prakash Bansod appears to be a resident of Ward no.2, Panubali, near Gram Panchayat Kalmeshwar, Pipla Kinkhede, Tahsil Kalmeshwar, District Nagpur. 4. Therefore, the applicant is permitted to serve non- applicant nos.4 and 5 by paper publication in the daily newspaper 2 caa 25.2026.odt “Lokmat” published in entire Nagpur district. As prayed, the paper publication made returnable on 18th September, 2026. The applicant shall take steps towards payment of publication charges and produce a copy of publication of record. 5. Mr. H.D.Dubey, learned AGP waives service of notice on behalf of respondent nos.6 and 7. (Y.G.KHOBRAGADE, J.) Mukund Ambulkar Signed by: Ambulkar (MLA) Designation: Senior Pvt. Secretary Date: 25/08/2026 18:12:18