Bombay High Court

SHIVDAS VANJI MALIversusSAHEBRAO VANJI MALI DIED AND RANUBAI D MALI DIED AND RAMBHAU D MALI DIED LRS DURGABAI AND ORS

Disposal: DISPOSED OFF

Holding

The application for substitute service by newspaper publication is allowed.

Summary

The applicant, Shivdas Vanji Mali, filed a civil application seeking substitute service of notice to respondents No. 11 and No. 12 by way of newspaper publication, as the bailiff reported that the respondents were not residing at the addresses provided. The same addresses had been used in a prior writ petition where service had been attempted. The court examined the bailiff’s report and noted that the respondents could not be located for personal service. Relying on the principle that substitute service is permissible when personal service is impracticable, the court allowed the application. It ordered the issuance of fresh notices to the two respondents, to be returnable on 28 September 2026, and directed that notice be published in the newspaper “Divya Marathi” circulating in Dhule district at least two weeks before that date. The application was thereafter disposed of.

Issues considered

Whether substitute service by newspaper publication is permissible when the respondents cannot be located at the given address.

Subjects

substitute service
newspaper publication
civil procedure
service of notice
notice issuance

Judgment

                                     (1)                 901-CA-12795-2025




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                901 CIVIL APPLICATION NO. 12795 OF 2025
                             IN RA/16/2025

                           Shivdas Vanji Mali
                                 VERSUS
 Sahebrao Vanji Mali Died And Ranubai D Mali Died And Rambhau D
                    Mali Died Lrs Durgabai And Ors
                                  WITH
             REVIEW APPLICATION (CIVIL) NO. 16 OF 2025
                            IN WP/388/2017
                                     ...
Mr. Prajwal N. Shejul h/f Mr. D. S. Bagul, Advocate for Applicant.
Mr. K. N. Lokhande, AGP for Respondent-State.
Ms. Priyanka Y. Sarnaik, Advocate for Respondent.

                                  CORAM : KISHORE C. SANT, J.

                                  DATE      : 29th AUGUST 2026.

PC :-

1.      Heard the learned Advocate for the Applicant.

2.      This civil application is filed for substitute service to Respondent

Nos. 11 and 12 by way of paper publication. Considering the report of

concerned bailiff that the said persons are not residing on the address

given. Therefore, a prayer is made for substitute service.

3.      It is seen that in the writ petition, the addressed given of these
                                          (2)                901-CA-12795-2025




persons are the same as is given in the present application. These

respondents were served in the writ petition on the addresses given now.

Considering above, application stands allowed.

4.           Office to issue fresh notice to respondent Nos. 11 and 12,

returnable on 28/09/2026.

5.           Notice be published to Respondent Nos. 11 and 12 through

newspaper “Divya Marathi” widely circulated in Dhule district atleast

two weeks prior to the returnable date.

6.           With these, application stands disposed off.



                                             [KISHORE C. SANT, J.]
D.A.ETHAPE

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