Ca 433.2010 1 INTHE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.433/2010 IN S.A.NO.1208/2005 Balkrishna P.Mhaskar Applicant Vs. Dattaram B.Ghule & Ors. Respondents Mr.S.M.Railkar for Applicant CORAM-G.S.GODBOLE,J. DATE - 23rd SEPTEMBER,2011 P.C. 1. Leave to amend and add prayer. 2. Considering the submissions in the Civil Application, at this stage, before considering the prayer for substituted service by publication, it is necessary to make efforts for service through Court. Hence, keeping the remedy of pressing prayer for substituted service at the later stage,if deemed necessary, this Civil Application is allowed in terms of prayer (a). 3. Issue notice to Respondent no.3 and 4 at both the addresses indicated in the title of this Civil Application. Ca 433.2010 2 4. Notice of the Second Appeal shall accordingly be issued at 4 the aforesaid addresses alongwith notice of Civil Application No. 1676/2005, S.A.No.1208/2005, S.A.No.1213/2005 and C.A.No.1682/ 2005, all returnable after 12 weeks. 5. Leave to amend the title of S.A.No. 1208/2005, S.A.No. 1213/2005, C.A.No.1682/2005 and C.A.No. 1676/2005 is granted. 6. Amendment be carried out within four weeks. 7. In addition to service through Court, Advocate of the Applicant/s is also permitted to send private notice by RPAD or Speed Post AD and file Affidavit of service only if acknowledgment is received or postal envelope is returned with remark “refused”. 8. The Civil Application will however be heard either after Court service notices are served or Respondent/s appear through Advocate by filing Vakalatnama on service of private notice. G.S.GODBOLE,J.