Usmanbhai Dawood Karadia Through ... vs Philomena Gilbert Sebastian ...
2023 Latest Caselaw 2490 Bom

            Digitally signed
            by JITENDRA
 JITENDRA SHANKAR
          NIJASURE
 SHANKAR Date:
 NIJASURE 2023.03.18
            14:10:50
            +0530




                                                                       17-ial-6008-2023.doc

jsn
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     ORDINARY ORIGINAL CIVIL JURISDICTION
                                    INTERIM APPLICATION (L) NO.6008 OF 2023
                                                     WITH
                                   INTERIM APPLICATION (L) NO.39969 OF 2022
                                                        IN
                                   EXECUTION APPLICATION (L) NO.726 OF 2020

          Usmanbhai Dawood Karadia                                   ...Decree
                                                                     Holder / Plaintiff

                               Versus

          Philomena Gilbert Sebastian Misquitta & Anr.               ...Defendants
                                        ----------
          Mr. Manoj Vishwakarma with Nazim Sultan Saifi i/b. MKV Juris for
          the Applicant / Decree Holder.
                                                     ----------

                                                    CORAM : R.I. CHAGLA J.
                                                    DATE  : 15 MARCH 2023.
          ORDER :

1. By this Interim Application, the Applicant / Decree

Holder has sought permission to publish notice in the two

newspapers for service of the amended Interim Application for

service on the Judgment Debtor / Respondent.

2. The Applicant / Decree Holder has stated that though

attempt was made to serve the amended Interim Application along

17-ial-6008-2023.doc

with annexures to the Judgment Debtor / Respondents herein by

RPAD, at the address mentioned against the Judgment Debtor /

Respondent in the cause title of the Interim Application, the service

was unsuccessful as the packet containing the amended Interim

Application along with annexures was returned with remark that "no

such person on the address" Accordingly, the present Interim

Application has been taken out.

3. Having considered the averments in the Interim

Application and particularly noting that the service of the amended

Interim Application has been unsuccessful, the substituted service is

required to be granted. Hence, the following order:-

(i) The Applicant / Decree Holder is permitted to serve the

amended Interim Application along with annexures by way of

publication in two newspapers i.e. Navshakti in Marathi and Free

Press Journal in English within a period of two weeks from the

date of this Order.

(ii) The Interim Application is accordingly disposed of.

[ R.I. CHAGLA J. ]