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2026 DAILYLAW 5077 (BOM)

SHARDA VIJAY DHIWAR v. BEENA RAMAVTAR MAHESHWARI

IA/5748/2026 · 2026-08-28

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Judgment text

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13 - IA-5748-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 5748 OF 2026 IN FIRST APPEAL NO. 1542 OF 2024 Sharda Vijay Dhiwar Applicant Versus Beena Ramavtar Maheshwari Respondent _______ Mr. Yash Tated i/by Mr. Paresh Thakar, Advocates, for the Applicant. None for the Respondent. _______ CORAM: AARTI SATHE, J. DATE: 28th AUGUST 2026. P.C. INTERIM APPLICATION NO. 5748 OF 2026 1. This Interim Application is filed by the Applicant seeking permission to effect substituted service of summons upon Respondent No.3 by way of publication in a local newspaper. 2. Learned counsel for the Applicant submits that the summons could not be served upon Respondent No.3 at the address mentioned in the cause title of the First Appeal. The summons has been returned unserved with the endorsement “not found not residing at given address. Hence retruned”. Learned counsel for the Applicant submits that the said address was the last known address of Respondent No.3 and that there is no other address available with the Applicant for effecting service. In the circumstances, learned counsel seeks permission to effect substituted service by way of publication in a local newspaper. Accordingly, the following order Bharati 13 - IA-5748-2026.DOC is passed: ORDER i. The Interim Application is made absolute in terms of prayer clause (a). ii. The Applicant is directed to effect service of summons upon Respondent No.3 by way of publication in a newspaper having wide circulation in the locality. iii. The Applicant shall file an affidavit of service after publication. FIRST APPEAL NO. 1542 OF 2024 3. Stand over to 9th October 2026. (AARTI SATHE, J.) Bharati