1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2335 OF 2009 IN FIRST APPEAL NO.165 OF 1999 M/s.R.N.A. Builders ....Applicant V/s. Rose Antolon Mates Sozia @ Smt.Rose Antalon Mates Seel ....Respondent Mr.V.B. Naik with Mr.Yadunath Caudhari for the Applicant. Mr.Piyush Shah for Respondent Nos.8 and 11. CORAM : B.H. MARLAPALLE & S.J. VAZIFDAR, JJ. DATE : 19TH JUNE, 2009. P.C. : 1. Further to our order dated 9.6.2009 passed in First Appeal No.165 of 1999, this Civil Application has been filed to serve the summons on the unserved Respondents by substituted service i.e. by publication in two newspapers one in English and other in Marathi. 2. Though we have noted in our order dated 9.6.2009 that Respondent Nos.2(a) to 2(e) and 3 to 6 as well as Respondent No.10 have not yet been served, it is now confirmed that Respondent No. 10 has caused appearance and Mr.Nitin Shukla appears for 2 Respondent Nos.8,9 and 10. Therefore, the unserved Respondents are Respondent Nos.2(a) to 2(e) and 3 to 6 which will have to be served by substituted service. In the meanwhile Mr.Piyush Shah, the learned counsel for Respondent Nos.11 and 12 states that as per the oral instructions he has received from Respondent No.11, Respondent No.12 died about four years back. Mr.Shah assures us that he would find out the names of the successor or successors (the partners) if any, of Respondent No.12 and intimate to Mr.Naik so as to take further appropriate steps to bring them on record. 3. Hence this application is allowed in terms of prayer clause (a) and the summons be published in “Free Press Journal” and “Navshakti” both Bombay edition. The copies of the newspapers be placed on record within four weeks from today. (S.J.VAZIFDAR, J.) (B.H.MARLAPALLE, J.)