Nandkumar Dnyandev Dighe And Anr vs Chandrakala Dnyaneshwar Dighe ...
2021 Latest Caselaw 15161 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD


                909 CIVIL APPLICATION NO.9708 OF 2021
                            IN SA/220/2021

               NANDKUMAR DNYANDEV DIGHE AND ANR
                               VERSUS
          CHANDRAKALA DNYANESHWAR DIGHE AND OTHERS
                                   ...
              Advocate for Appellants : Mr. Bhide Vinod Y.
     Advocate for Respondents No.1 and 2 : Mr. Dr. S. D. Tawshikar
         Advocate for Respondents No.3 to 6: Mr. S. H. Pathan
                                   ...

                                    CORAM :     SMT.VIBHA KANKANWADI, J.
                                    DATE :      21-10-2021.

ORDER :

1. Present application has been filed for serving the respondent No.7 (original defendant No.3) through paper publication.

2. Perusal of the Judgments of the Courts below, it appears that defendant No.3 who was respondent No.3 before the First Appellate Court had failed to appear in the proceedings and, therefore, both the proceedings had proceeded ex-parte against him. The Trial Court considered him to be dead in view of his whereabouts were not known to the near relatives for about seven years and, therefore, took him as dead, but then First Appellate Court has negativated the same. The notice that was issued in respect of the second appeal to respondent No.7 has been returned unserved on the ground that he is not residing on the given address. Plaintiff No.1 claimed that she is the wife of original defendant No.3 (present respondent No.7) and plaintiff No.2

2 CA 9708-2021

is the daughter of plaintiff No.1 and defendant No.3.

3. Admittedly defendants No.1 and 2 are the parents of defendant No.3. In the normal course, defendant No.3 would have resided with his parents and that was also the story putforward by the plaintiff before the Trial Court. That means, it is his last known address. In view of this fact, when his last known address is known, the notice to be served under the provisions of Order V Rule 21 of the Code of Civil Procedure. It is not necessary that we should take up the recourse under Order V Rule 21-A of the Code of Civil Procedure and, therefore, issue notice to respondent No.7 and its execution be made under Order V Rule 20 (1) of the Code of Civil Procedure i.e. by affixing a copy of the notice to the conspicuous part of the Court-house and on the conspicuous part of the last known address of respondent No.7.

4. Report be submitted by the concern Court on or before 01-12- 2021.

(SMT. VIBHA KANKANWADI) JUDGE

vjg/-