1 caf.2826.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2826 OF 2010 WITH CIVIL APPLICATION NO.5419 OF 2008 IN FIRST APPEAL NO.2617 OF 2005 Mr.Kiran Manohar Kawade ...Applicant Versus Uttam Manohar Kawade & Ors. ...Respondents ...... Mr.S.N.Chandrachud for Applicant. Mr.Muzaffar Baiz i/b Mr.S.S.Punde for Respondent No.1. Mr.A.B.Tajne for Respondent No.4. ...... CORAM:- A.M.KHANWILKAR AND A.A.SAYED, JJ. DATED:- AUGUST 4, 2010. P.C. 1. The Applicant prays for permission to serve Respondents 5, 8 and 9 by publication on the ground that in the past, attempts to serve the said Respondents have not fructified. The Bailiff report also reinforces that position. It appears that the said Respondents are avoiding service. 2. In the circumstances, in the interest of justice, we dispose of both the Applications by permitting the Applicant to serve Respondents 5, 8 and 9 by publication in two local newspapers having wide circulation in Pune. 2 caf.2826.10.sxw The publication be issued in `Sakal’ (English Edition) and `Prabhat’ (Marathi Edition). That be done within four weeks from today and affidavit of publication be filed, failing which, Office to treat the Appeal as dismissed for non-prosecution as against the unserved Respondents 5, 8 and 9. If steps are taken in time, the Appeal as well as companion Civil Application No.6424 of 2005 to proceed. (A.A.SAYED, J.) (A.M.KHANWILKAR, J.)