Bombay High Court

BHANUMATI N. CHODANKAR (DECEASED) THR. LRS.versusSOIRU TUKARAM PHADTE (DECEASED) THR. LRS AND 11 ORS

Disposal: Allowed

Holding

The court allowed the application, permitting service of notice by publication in the local newspaper.

Summary

The applicants, heirs of the deceased Bhanumati N. Chodankar, filed a writ petition seeking permission to serve notice on several respondents by publishing it in a local newspaper, after unsuccessful attempts at personal service using the addresses on record. The respondents were Soiru Tukaram Phadte (deceased) and others. The court considered whether the procedural rules allowed service by publication when personal service failed. Relying on the principles of due process and the need for effective notice, the court held that publication was an appropriate method under the circumstances. Consequently, the court granted the applicants' prayer, directing that the notice be published within six weeks and a copy filed within two weeks. The application was therefore allowed and disposed of as directed.

Issues considered

Whether the applicants may be permitted to serve notice on the respondents by publication in a local newspaper when personal service attempts have failed

Subjects

service of notice
publication of notice
procedural law
civil procedure
writ petition
court order

Judgment

                               15 MCA 495 2026

   Niti

          IN THE HIGH COURT OF BOMBAY AT GOA
            MISC.CIVIL APPLICATION NO.495 OF 2026
                             IN
                WRIT PETITION NO.1045 OF 2026
BHANUMATI N. CHODANKAR (DECEASED)
THR. LRS.                                           ... APPLICANTS
  Versus
SOIRU TUKARAM PHADTE (DECEASED)
THR. LRS AND 11 ORS                                   ... RESPONDENTS


Mr. Hanumant D. Naik (through V.C.) with Ms. Divya Naik,
Advocates for the Applicants.
Mr. Rama Rivankar (through V.C.), Advocate for Respondent
Nos.8,9 and 10.


                   CORAM:- S. G. CHAPALGAONKAR, J.
                   DATED :- 31st August, 2026

P.C.:


   Heard learned Advocate appearing for Applicants.


2. The Applicants seek permission to serve Respondent Nos.2,3,4
and 5 as well as Respondent Nos.6,7,11 and 12 by way of
publication of notice in the local daily newspaper mentioned in the
application. It appears that the Applicants attempted service of
notice upon the said Respondents as per the addresses mentioned in
the proceedings before the lower Court.


3. In that view of the matter, considering submissions advanced,

                                  Page 1 of 2
                                31st August, 2026
                                                         15 MCA 495 2026


                       the application is allowed in terms of prayer clause (a). Publication
                       to be made within a period of six weeks from today and the copy of
                       the said publication be placed on record of this Court within a
                       period of two weeks thereafter.


                       4. The application stands allowed and disposed of in the aforesaid
                       terms.



                                                                S. G. CHAPALGAONKAR, J.




Signed by: NITI K HALDANKAR
Designation: Private Secretary
                                                            Page 2 of 2
Date: 01/09/2026 09:31:23
                                                          31st August, 2026

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