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2026 DAILYLAW 5112 (BOM)

SAKET SANJYA SHAH -MINOR-GUARDIAN SANJAY RASIKLAL SHAH v. ASHRAFI RIYASAT ALI AND ANR

IA/6481/2026 · 2026-08-20

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Judgment text

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FARAD CONTINUATION SHEET NO. 26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION. NO. 6481 OF 2026 IN FIRST APPEAL NO. 1305 OF 2009 --------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court’s or Judge’s order appearance, Court’s Orders or directions and Registrar’s orders --------------------------------------------------------------------------------------------------------------- CORAM : DR. M.S. DESHPANDE REGISTRAR (JUDL -II) DATE : 20/08/2026 Adv Shivam Gawde i/by Adv. Uday B. Nighot present for the Applicant As per office note, notice issued to Respondent No. 1 is returned unserved with Bailiff’s remark, “respondent No. 1 is not residing at given address and nobody knows about him.” The learned Advocate for Applicant submits that the applicant was not aware about new address. Thus, according to him, only option left is to serve the Respondent No. 1 by way of substituted service. The Learned Advocate has taken out present Interim Application to serve Respondent No. 1 by way of substituted service. Address of Respondent No. 1 mentioned in the above notice is the same as mentioned in Interim Application and in memo of First Appeal as well as in Judgment of the Lower Court. The application is supported by an affidavit executed before a Notary. In turn, Interim Application No. 6481 of 2026 for substituted service is allowed in terms of prayer clause (a), returnable by 10 weeks. The learned Advocate for the Applicant is directed to collect copy of Publication Notice from the department within two weeks and thereafter, publish the same in the newspaper and file published copy of newspaper within 08 weeks from the date of this order. The learned Advocate is directed to do all the exercise within 10 weeks from the date of this order. sd/- REGISTRAR (JUDL-II)