Bombay High Court

PUNDALIK TUKARAM PARKAR.versusGOPINATH VISSU ARSEKAR (DECEASED) THROUGH LRS.,

Disposal: Disposed of

Holding

Service must first be effected by pasting the notice on the front door of the respondent's address before any substituted service by publication is permitted.

Summary

The applicant filed an application seeking substituted service by publication on Respondents 3a and 3b in a first appeal. The court examined the adequacy of prior service efforts and held that the applicant must first attempt personal service by pasting the notice on the front door of the address shown in the cause title. Accordingly, the bailiff of the Ponda Court was directed to effect service by pasting the notice and to file an affidavit confirming the act. The notice was made returnable on 1 October 2026. The application was thereafter disposed.

Issues considered

Whether substituted service by publication can be ordered without first attempting service by pasting on the respondent's address
Whether the bailiff can be directed to effect service by pasting on the front door

Subjects

substituted service
civil procedure
service of notice
bailiff
publication

Judgment

                              905 MCA 525 2026

   Meena

           IN THE HIGH COURT OF BOMBAY AT GOA
             MISC.CIVIL APPLICATION NO.525 OF 2026
                              IN
                  FIRST APPEAL NO.91 OF 2015
PUNDALIK TUKARAM PARKAR.                             ... APPLICANT
  Versus
GOPINATH VISSU ARSEKAR (DECEASED)
THROUGH LRS.,                                        ... RESPONDENT


Ms Neelam Patil with Ms Sailee Kenny, Advocate for the
Applicant.

Mr Anant Alias Aniket Hari Prabhu, Advocate for the
Respondents.


                   CORAM:- VALMIKI MENEZES, J.
                   DATED :- 3rd September, 2026

P.C.:


1. This is an application for substituted service on Respondent
Nos.3a and 3b in First Appeal by way of publication.     However,
considering the averments made in the application, the Appellant
would have to take steps to serve Respondent Nos.3a and 3b at the
address given in the cause title of the First Appeal before any
substituted service is attempted. For this purpose, the Respondent
Nos. 3a and 3b shall be served by service through pasting on the
front door of the address stated to be that of Respondent Nos. 3a
and 3b at Usgao.



                                  Page 1 of 2
                               3rd September, 2026
                                                         905 MCA 525 2026


                    2.           The Bailiff of the Ponda Court shall ensure that service is
                    effected by pasting of the notice on the front door of the address
                    stated to be that of Respondent Nos. 3a and 3b with supporting
                    affidavit of the appropriate request.


                    3. Notice shall be made returnable on 01.10.2026.


                    4. Application stands disposed of accordingly.



                                                                     VALMIKI MENEZES, J.




Signed by: MEENA VISHAL BHOIR
Designation: Private Secretary
                                                             Page 2 of 2
Date: 04/09/2026 13:53:34
                                                          3rd September, 2026

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