Bombay High Court

PURSHOTTAM GOPAL CHAUDHARY AND OTHERSversusMANMAL SHIVLAL SANCHETI DEAD THROUGH LRS LALCHAND AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The Court ordered that the unserved respondent be served by way of paper publication in the Times of India, Mysore edition.

Summary

The applicants filed Civil Application No. 6949 of 2026 seeking direction to serve a respondent who could not be served by the regular mode of service. The learned counsel for the applicants argued that the respondent (identified as No.1 (4‑d) (ii)) should be served by publication in a newspaper. The High Court examined the adequacy of the service and the necessity of alternative methods under the procedural rules. It held that the applicants may serve the unserved respondent by publishing a notice in the Times of India, Mysore edition. The Court directed the applicants to complete the service by 22 December 2026 and listed the second appeal for hearing on that date, thereby granting the relief sought and disposing of the application.

Issues considered

Whether service of notice on the respondent can be effected by regular mode.
Whether the Court may order service by newspaper publication when regular service fails.

Subjects

service of notice
paper publication
civil procedure
second appeal
High Court

Judgment

                                       1                               982.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     BENCH AT AURANGABAD.
                982 CIVIL APPLICATION NO. 6949 OF 2026
                             IN SA/131/2019

           PURSHOTTAM GOPAL CHAUDHARY AND OTHERS
                                  VERSUS
 MANMAL SHIVLAL SANCHETI DEAD THROUGH LRS LALCHAND AND
                                  OTHERS
                                     ...
Advocate for Applicant : Mr. Surve Hemant.
                                     ...

                              WITH
                   SECOND APPEAL NO. 131 OF 2019

                               WITH
                 CIVIL APPLICATION NO. 3130 OF 2019
                           IN SA/131/2019
                                 ...


                                CORAM : SANJAY A. DESHMUKH, J.
                                DATE       :   06th October, 2026.

P.C.:

CIVIL APPLICATION NO. 6949 OF 2026

1       The learned counsel for applicants pointed out that respondent

No.1 (4-d) (ii) is not served by regular mode. He, therefore, prayed for

service of notice through paper publication / citation.



2       For the reasons stated in the application, Civil Application

No.6949 of 2026 is allowed in terms of prayer clauses (A) and (B) and

disposed of.



3       The applicants are permitted to serve the unserved respondent
                                            2                                 982.odt


      No.1 (4-d) (ii) by way of paper publication in the Times of India, Mysore

      Edition. The applicants shall take necessary steps for effecting such

      service on or before 22nd December, 2026.



      4     List the second appeal on board on 22nd December, 2026.



                                            [ SANJAY A. DESHMUKH, J. ]
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