Bombay High Court

XEC ALI (SINCE DECEASED) THROUGH HIS LRS AND 9 ORS.,versusNAJMUNDI AND 3 ORS.

Disposal: Allowed

Holding

Permission to serve the respondents by newspaper publication was granted.

Summary

The applicants, representing the estate of the deceased Xec Ali, applied to the High Court of Bombay at Goa for permission to serve certain respondents who could not be located at the address specified in the petition. A bailiff's report indicated that the respondents had vacated the premises. The court considered whether an alternate mode of service, namely newspaper publication, could be authorized. Finding that the applicants had made out a case for such service, the court granted the application, directing that service be completed within eight weeks and that a copy of the notice be filed within nine weeks. The matter was stood over to 25 November 2026.

Issues considered

Whether permission may be granted to serve the respondents by newspaper publication when personal service at the known address is not possible

Subjects

service of process
alternative service
newspaper publication
civil procedure
high court
procedural order

Judgment

2026:BHC-GOA:1854
                                              44 MCA 553 2026

                Amrut

                        IN THE HIGH COURT OF BOMBAY AT GOA
                          MISC.CIVIL APPLICATION NO.553 OF 2026
                                           IN
                         CIVIL APPLICATION (REVIEW) NO.4 OF 2016
           XEC ALI (SINCE DECEASED) THROUGH
           HIS LRS AND 9 ORS.,                                       ... APPLICANTS
             Versus
           NAJMUNDI AND 3 ORS.                                       ... RESPONDENTS


           Mr Yash Kunde, Advocate for Applicants.
           Mr V. Braganza (through V.C.), Advocate for Respondent Nos.2,
           3, 4(a, b, c, e, h, i & k).


                                 CORAM:- S. G. CHAPALGAONKAR, J.
                                 DATED :- 16th September, 2026

           P.C.:


           1.             Heard learned Advocates appearing for the respective
           parties.


           2.       By way of this application, the applicant seeks permission to
           serve respondent nos.4(d)1, 4(d)(2), 4(d)(3) & 4(d)(4), who could
           not be served at the address mentioned in the petition. The bailiff's
           report suggests that they have left the said address.


           3.       In that view of matter, a case is made out to allow service by
           alternate mode of newspaper publication. Hence, application is
           allowed in terms of prayer clause (A) and disposed of. Service to

                                                  Page 1 of 2
                                              16th September, 2026
                                                    44 MCA 553 2026


                     be completed within a period of eight (8) weeks from today. A
                     copy of notice published shall be placed before this Court within a
                     period of nine (9) weeks from today.


                     4.    Stand over to 25th November 2026.



                                                           S. G. CHAPALGAONKAR, J.




Signed by: TARI AMRUT NAGESH
Designation: Private Secretary
                                                        Page 2 of 2
Date: 16/09/2026 17:39:09
                                                    16th September, 2026

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