Bombay High Court
ISHWAR GORAKH PATIL AND ANRversusNOORMOHAMMAD ABDUL KHAN AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The Court held that service of notice may be effected by newspaper publication where regular service cannot be effected.
Summary
The applicants, Ishwar Gorakh Patil and another, filed a civil application seeking service of notice on respondents Noormohammad Abdul Khan and others by newspaper publication, alleging that regular service could not be effected. The learned counsel for the applicants highlighted the inability to serve the respondents through the usual mode and requested alternative service. The Court examined whether the procedural rules permit service by publication in such circumstances. Finding merit in the applicants' claim, the Court allowed the application in accordance with prayer clause (b). Consequently, the application was disposed of, and the matter was listed for further hearing on 9 April 2026.
Issues considered
- Whether service of notice may be effected by newspaper publication when regular service is not possible
Subjects
- service of notice
- newspaper publication
- civil procedure
- alternative service
- high court
Judgment
2026:BHC-AUG:6786
1 943.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
943 CIVIL APPLICATION NO. 1849 OF 2026
IN FAST/2786/2023
ISHWAR GORAKH PATIL AND ANR
VERSUS
NOORMOHAMMAD ABDUL KHAN AND ORS
...
Advocate for Applicant : Mr. Madhav M. Bhokarikar.
...
CORAM : SANJAY A. DESHMUKH, J.
DATE : 12th February, 2026.
P.C.:
1 The learned counsel for applicants pointed out that respondent
Nos.1 and 2 are not served by regular mode. He, therefore, prayed for
service of notice through paper publication.
2 For the reasons stated in the application, the application is
allowed in terms of prayer clause (b) and disposed of.
3 List Civil Application No.2505 of 2023 on board on 9 th April,
2026.
[ SANJAY A. DESHMUKH, J. ]
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