Bombay High Court

SHEELA SAMBHA DEOKATE AND ANOTHERversusSAMBHA BAPURAO DEOKATE AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The court held that service of notice by newspaper publication is permissible when regular service is not effected.

Summary

In a civil application filed by Sheela Sambha Deokate and another, the applicants sought to serve notice on Respondent No.4, who had not been served by the regular mode of service. The applicants prayed for service by way of paper publication in a daily newspaper. The learned counsel for the applicants highlighted the failure of regular service and requested the court’s direction for publication. The bench, after considering the application, allowed the prayer and ordered that the notice be served by publishing it in the daily newspaper ‘Dainik Godatir Samachar, Nanded Edition’ within four weeks. Additionally, the court listed another civil application (No. 8940 of 2019) for hearing on 5th October 2026.

Issues considered

Whether a notice can be served by newspaper publication when regular service fails

Subjects

service of process
notice
publication
civil procedure
Bombay High Court

Judgment

                                      1                                   66.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     BENCH AT AURANGABAD.
                66 CIVIL APPLICATION NO. 10939 OF 2025
                            IN CA/8940/2019

              SHEELA SAMBHA DEOKATE AND ANOTHER
                                 VERSUS
              SAMBHA BAPURAO DEOKATE AND OTHERS
                                       ...
Advocate for Applicant : Mrs. Manjiri Achutrao Kulkarni.
Advocate for Respondent Nos.1 & 2 : Mr. U. L. Telgaonkar.
Advocate for Respondent No.3 : Mr. R. B. Dhakane.
                                       ...

                                 WITH
                  CIVIL APPLICATION NO. 8940 OF 2019
                           IN SAST/6799/2019
                                  ...


                               CORAM : SANJAY A. DESHMUKH, J.
                               DATE       :   24th August, 2026.

P.C.:

1       In Civil Application No.10939 of 2025, the learned counsel for

applicants pointed out that respondent No.4 is not served by regular

mode.     She, therefore, prayed for service of notice through paper

publication / citation.


2       For the reasons stated in the application, Civil Application

No.10939 of 2025 is allowed in terms of prayer clause (B) and

disposed of.


3       The applicants are permitted to serve unserved respondent No.4

by way of paper publication, to be published in daily newspaper “Dainik
                                            2                                    66.odt


      Godatir Samachar, Nanded Edition”. The applicants to take necessary

      steps within four weeks from today.


      4       List Civil Application No.8940 of 2019 on board on 5 th October,

      2026.


                                            [ SANJAY A. DESHMUKH, J. ]
nga

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