Bombay High Court

PUSHPABAI MAHENDRAKUMAR NARWADEversusMANMOHAN SURYABHAN MALWAD AND ORS

Disposal: APPLICATION ALLOWED

Holding

The court held that service of notice by newspaper publication is permissible where personal service cannot be effected.

Summary

The petitioner, Pushpabai Mahendrakumar Narwade, filed an application seeking the court's permission to serve a notice to respondent No.3 by way of newspaper publication. The applicant's counsel, Ms. Pratiksha A. Borse, appearing on behalf of Mr. B.R. Kedar, argued that personal service was not feasible. The court examined the facts and circumstances surrounding the difficulty of personal service. Considering the adequacy of alternative service methods under procedural law, the judge found that newspaper publication was appropriate. Consequently, the application was allowed as per prayer clause “B” and the matter was scheduled for further hearing on 20 November 2026. The case was then disposed of pending the next listing.

Issues considered

Whether permission can be granted to serve a notice to a respondent through newspaper publication when personal service is impracticable

Subjects

service of notice
newspaper publication
civil procedure
alternative service

Judgment

                                                                ca3111.17
                                 -1-


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

            964 CIVIL APPLICATION NO. 3111 OF 2017
                         IN SA/35/2012

               Pushpabai Mahendrakumar Narwade
                              VERSUS
              Manmohan Suryabhan Malwad And Ors
                                  ...
Advocate for Applicant : Ms. Pratiksha A. Borse h/f Mr. B.R. Kedar
                                  …..

                     CORAM : SANJAY A. DESHMUKH, J.
                     DATED : 24th SEPTEMBER, 2026

PER COURT :-


1.       This is an application seeking permission to serve the

notice to respondent No.3 through paper publication/citation.



2.       Perused the application. Heard learned advocate for the

applicant. Considering the facts and circumstances of the case, the

application is allowed in terms of prayer clause “B” and disposed of.



3.       List the matter on 20.11.2026.



                                   (SANJAY A. DESHMUKH, J.)

rlj/

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