Bombay High Court

VIJAY NANDKISHORE BHAVEversusSUKHVINDER SINGH KAMAL SINGH KANGE AND ANR

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

Holding

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

Summary

In the matter of Vijay Nandkishore Bhave v. Sukhvinder Singh, Kamal Singh Kange and Anr, the applicant sought permission to serve notice on Respondent No.1, who had not been personally served. The applicant requested time to effect service through newspaper publication. The court examined the record and found that such alternative service was appropriate under the circumstances. Accordingly, the court permitted service by publication and ordered the notice to be returnable on 13 February 2026. The civil applications were allowed as per prayer clause “B” and subsequently disposed of.

Issues considered

Whether a court may authorize service of notice by newspaper publication when personal service to a respondent is not possible.

Subjects

service of notice
publication
civil procedure
court order
alternative service

Judgment

2026:BHC-AUG:1154


                                                                              ca451.26
                                                -1-


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                             923 CIVIL APPLICATION NO. 451 OF 2026
                                              WITH
                               CIVIL APPLICATION NO. 452 OF 2026
                                         IN FA/2768/2023

                                     Vijay Nandkishore Bhave
                                              VERSUS
                          Sukhvinder Singh Kamal Singh Kange And Anr
                                                  ...
                Advocate for Applicant : Mr. P.S. Chavan
                                                  …..

                                    CORAM : SANJAY A. DESHMUKH, J.
                                    DATED : 13th JANUARY, 2026

                PER COURT :-


                1.         Respondent No.2 is served.     Respondent No.1 is not

                served.    Learned advocate for the applicant seeks time to serve

                notice to respondent No.1 through paper publication.



                2.         Perused record and proceeding.    It would be proper to

                permit the applicant to serve respondent No.1 through the paper

                publication. In view of the same, civil applications are allowed in

                terms of prayer clause “B” and disposed of.            Notice is made

                returnable on 13.02.2026.



                                                 (SANJAY A. DESHMUKH, J.)

                rlj/

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