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Bombay High Court

GEETANJALI PRAKASH KAREKARversusTHE MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY AND ORS

Decided
Disposal
Disposed Off

Holding

Substituted service by newspaper publication is permitted where personal service cannot be effected.

Summary

The appellants, Geetanjali Prakash Karekar and others, filed an interim application seeking substituted service of a notice because repeated attempts to serve the respondents, the Maharashtra Housing & Area Development Authority and others, failed and the notices were returned as unserved. The court examined the counsel's submissions and noted that all reasonable efforts to serve the notice had been exhausted. It held that under the principles of civil procedure, substituted service by newspaper publication is permissible when personal service is impracticable. Consequently, the court ordered the appellants to publish the notice in the "Free Press Journal" and either "Goa Doot" or "Delhi Tarun Bharat" within eight weeks. The interim application was disposed of and the registry was instructed not to place it on the board.

Issues considered

  • Whether substituted service by newspaper publication is appropriate when personal service of a notice fails

Subjects

  • substituted service
  • notice
  • civil procedure
  • interim application
  • service of process

Judgment

            ppn                                 1                        13.ia-8600.25.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 Digitally signed   CIVIL APPELLATE JURISDICTION
                 by PRACHI
PRACHI           PRANESH
PRANESH          NANDIWADEKAR
NANDIWADEKAR
                 Date: 2026.02.02
                                INTERIM APPLICATION NO.8600 OF 2025
                 17:16:16 +0530
                                                IN
                                    FIRST APPEAL NO.414 OF 2014

       Geetanjali Prakash Karekar & Ors.                     ….Applicants/Appellants
                    V/s.
       The Maharashtra Housing & Area
       Development Authority & Ors.                                .…Respondents

                                           ----
       Mr. Himanshu B. Takke for the applicants/appellants.
       Mr. Satyajeet Dighe for respondent nos.1 & 2-MHADA.
                                        ----


                                             CORAM : JITENDRA JAIN, J.
                                             DATED : 2 February 2026

       P. C. :

       1.        This application is taken out by the applicants for substituted service
       of the notice by paper publication since certain respondents could not be
       served though all attempts were made by the learned counsel for the
       appellants as well as by the Court. Notices sent were returned “unserved.”

       2.        I have considered the application and heard learned counsel for the
       applicants.

       3.        In view of what is stated above, the prayer for substituted service is
       granted and the applicants/appellants are directed to give paper
       publication in “Free Press Journal” and “Goa Doot” or “Delhi Tarun Bharat.”
       The process of substituted service by paper publication should be completed
       within eight weeks from today.
     ppn                              2                         13.ia-8600.25.doc


4.     Interim application is disposed of.

5.     Registry is directed not to place this interim application on board.




                                                    (JITENDRA JAIN, J.)


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