13-sr913ca.9769.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 913 CIVIL APPLICATION NO. 9769 OF 2026 IN WP/7887/2024 Santosh Bapurao Waghmare And Others VERSUS Padmavati Bajirao Kharat And Others WITH WRIT PETITION NO. 7887 OF 2024 ---- Mr.Amol Gandhi, Advocate for applicants ---- CORAM : AJIT B. KADETHANKAR, J. DATE : AUGUST 29, 2026 ORDER :- For want of taking steps against respondent no.1, the petition was dismissed against respondent no.1 vide order dated 24.07.2024. 2. Learned advocate for the applicants submits that respondent no.1 is plaintiff in Regular Civil Suit No.1 of 1970. He would submit that the Writ Petition arises out of the execution proceedings being Regular Darkhast No.67 of 2012. The address of respondent no.1 was borrowed from the title clause of Exh.1 in the suit as also Exh.1 in the Regular Darkhast. The decree-holder had not intimated the executing court or the parties about change in her address, if any, and 2 13-sr913ca.9769.2026 hence the petitioner had no knowledge about the alternate address. For this reasons, steps could not be taken within the given time and as such the petitioner suffered loss of his petition against respondent no.1. 3. By this application, a composite prayer is made to recall the order dismissing the Writ Petition against respondent no.1 and to permit the petitioner to serve respondent no.1 by taking recourse to Order 5 Rule 20 of Code of Civil Procedure by publishing a notice in a newspaper at his cost. 4. I have gone through the papers annexed with this application as also with the Writ Petition. It seems that the notices issued by this court in the Writ Petition to respondent no.1 were on the same address as was stated by the plaintiff no.1/decree holder/respondent no.1 in the related proceedings. Considering the averments made in the application as also arguments made by learned advocate for the petitioner I deem it appropriate to allow the application in the interest of justice. 5. Hence, I pass the following order:- (i) The order dated 24.07.2024 passed by this court dismissing the petition against respondent no.1 stands restored. 3 13-sr913ca.9769.2026 (ii) The petitioner is permitted to serve respondent no.1 by publishing a court notice in a newspaper widely circulated in the Tq. and Dist. Jalna, on their own costs. Mr.Gandhi, learned advocate for the applicants states that the notice will be published in daily “Sakal”. (iii) Registry to prepare a notice of respondent no.1 and hand it over to Mr.Gandhi, learned advocate, within two weeks from today. (iv) Stand over to 24.09.2026. (v) In the meantime, the petitioner shall cause to publish the court notice as observed above and shall submit to the Registry two sets of newspapers. (vi) Civil Application stand disposed of. [AJIT B. KADETHANKAR, J.] ……….. KBP