Bombay High Court

Sidheshwar Manoharrao JoshiversusPremchand Uttamchand Ostwal Deceased Through His Legal heir Smt Premlata W/o Premchand Ostwal,

Disposal: APPLICATION ALLOWED
Bench: MEHROZ K PATHAN

Holding

The court held that service of notice may be effected by paper publication when the respondent's address cannot be ascertained.

Summary

The applicant filed a civil application seeking permission to serve the respondents by way of paper publication, alleging that their address could not be ascertained. The respondent's counsel appeared and opposed the request. The court examined the adequacy of the application and the necessity of alternative service methods under the civil procedure. It allowed the application, authorising service by paper publication within three weeks, subject to the applicant furnishing a fresh address for the third respondent. The court further directed the applicant to file a pursis with the new address within one week and to issue notice on that address, with the response to be returned within three weeks.

Issues considered

What is the appropriate method of service when a respondent's address is unknown?
Can the court permit service of notice by paper publication under the circumstances?

Subjects

service of notice
paper publication
civil procedure
alternative service
jurisdiction

Judgment

                                   {1}
                                                           919 sr.no..odt
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD
            919 CIVIL APPLICATION NO. 12475 OF 2025
                         IN CA/7756/2025

                      Sidheshwar Manoharrao Joshi
                                                         ….Applicant
                                VERSUS

  Premchand Uttamchand Ostwal Deceased Through His Legal Heir Smt
                  Premlata W/o Premchand Ostwal,
                                                   …..Respondent
                                   …..
Advocate for Applicant : Mr. Adv Siddharth Ramesh Deshpande

                            CORAM : MEHROZ K. PATHAN, J.
                             DATE : 2nd APRIL, 2026.

P.C. :-

1.          Heard. The present civil application is filed for permitting
the respondents through paper publication.


2.          Mr. Rushikesh P. Totala, Advocate appears for respondent
Nos. R-1B and 1C.


3.          For the reasons stated in the application, the application is
allowed. The appellant is permitted to serve the respondents through
paper publication within a period of three weeks.


4.          Learned counsel for the applicant to submit         the fresh
address of the respondent by fling a pursis to that effect on record. Upon
filing such pursis within one week, issue notice on the fresh address to
the respondent No.3 returnable within three weeks.


                                                    [MEHROZ K. PATHAN]
                                                         JUDGE.
grt/-

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