Bombay High Court

NILOFAR JAFARKHAN PATHAN AND ORS.versusDIGAMBAR ARJUN SHENDE AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

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

Summary

The applicants, Nilofar Jafarkhan Pathan and others, filed a civil application seeking to serve respondent No.3, Vilas S/o Sopan Pawar, who had not been served by the regular mode of service. The applicants argued that the respondent could be served by publishing a notice in a newspaper. The court examined the application and considered whether newspaper publication is an appropriate method of service when regular service fails. It found that such service is permissible under the circumstances. Consequently, the court allowed the application, directing that the notice be published in the daily “Punya Nagari” (Ahmednagar edition) and that a copy be filed within eight weeks. The matter was then disposed of.

Issues considered

Whether a respondent who has not been served by regular mode can be served by newspaper publication

Subjects

service of notice
newspaper publication
civil procedure
Bombay High Court
application

Judgment

                                                  935 CA NO. 3299 OF 2026.odt


            IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                       BENCH AT AURANGABAD
                935 CIVIL APPLICATION NO. 3299 OF 2026
                           IN FAST/8795/2024
               Nilofar Jafarkhan Pathan And Ors.
                            VERSUS
               Digambar Arjun Shende And Ors.
                                ...
Mr. Badakh Vishal S., Advocate for Applicant

                        CORAM : SANJAY A. DESHMUKH, J.
                          DATE : 18.03.2026
PER COURT :-

1          The learned counsel for appellants / applicants pointed out

that respondent No.3 is not served by regular mode.                     He,

therefore, prayed for service of notice through paper publication.



2          Perused the application. For the reasons stated therein, the
application is allowed in terms of prayer clause (B) and disposed
of.


3          The applicants are permitted to serve unserved respondent

No.3 / Vilas S/o Sopan Pawar by way of paper publication, to be

published in daily “ Punya Nagari” Ahmednagar Edition and file a

copy of said paper publication on record of this Court within a

period of eight weeks from today.


                                     [ SANJAY A. DESHMUKH, J. ]

HRJadhav                                                             1 of 1

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