(1) FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE, BENCH AT AURANGABAD. Civil Application No. 1519 of 2009 (In Second Appeal No. 652 of 2003) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders .............................................................................. Mr. S.S. Chapalgaonkar, Advocate, holding for Mr. S.P. CHapalgaonkar, Advocate, for the applicant. Mr. S.D. Kulkarni, Advocate, for respondent no.7. ............................................................................... CORAM : K.U. CHANDIWAL, J. DATE : 4TH MAY 2010 1. By the present application, the applicants / appellants seek a direction, that notice issued to respondent no.5 be treated as a valid / deemed service. 2. The respondent no.5 was attempted to be served. He did not accept the service and consequently, the endorsement. (2) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders 3. Since the respondent no.5 deliberately avoided to response to the court notice, it is a deemed service upon the respondent no.5. However, in order to meet ends of justice, additionally by Registered Post (A.D.), the appellant will send a notice to the respondent no.5, intimating about pendency of the Second Appeal. 4. Stand over to 9th of July 2010 in the Second Appeal. 5. The Civil Application is allowed and disposed of in the above terms. ( K.U. CHANDIWAL ) JUDGE bgp/1519ca