1 caf4605-10 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4605 OF 2010 IN FIRST APPEAL ST.NO.11902 OF 2010 Bhau Daulat Gadekar .. Applicant Vs. Dnyandeo Krushna Varpe and Ors. .. Respondents Mr.Prashant Bhavake i/b Mr.M.V.Bandiwadekar for the applicant Mr.Sagheer A. Khan i/b M/s.Judicare Law Associates for respondent no.3 CORAM: K.K. TATED, J. DATE: 14TH JANUARY, 2011 P.C. 1. Heard the learned counsel for the parties. 2. This Civil Application is for substituted service on respondent no.4. 3. The learned counsel for applicant submits that as per order dt.15.6.10 passed by this court (Coram: R.G.Ketkar, J), notices were issued to respondent nos.1 to 7, 15 and 16, returnable after 2 weeks. The notice issued to respondent no.4, Shantaram Maruti Bhoite was returned unserved with bailiffs remark left address . Thereafter, the applicant ‘ ’ visited the address of respondent no.4 and at that time he learnt that the 2 caf4605-10 said building has been demolished for redevelopment and respondent no.4 has left the premises. The applicant made enquiry in the neighbourhood of the present correct address of respondent no.4 but no one was able to inform him about the present correct address of respondent no.4. 4. The learned counsel for the applicant submits that notice issued to respondent no.5 Sharada Sambhaji Nawale (Bhagat) is not returned duly served, as per the office remark when the matter was placed before the court. The learned counsel for the applicant states that respondent no.5 is staying at the same address mentioned in the cause title. Therefore, the fresh notice be issued to respondent no.5 also. 5. Office is also directed to issue fresh notice to respondent no.5, returnable after 12 weeks. 6. Considering the submissions made by the learned counsel for the applicant and the averments made in Civil Application, applicant is permitted to serve respondent no.4 Shantaram Maruti Bhoite by substituted service by publication in the newspaper, returnable date after 12 weeks. 7. Civil Application is disposed of accordingly. (K.K. TATED, J.) 3 caf4605-10