1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.3366 OF 2008 APPLICATION NO.3366 OF 2008 APPLICATION NO.3366 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO.11 OF 2008 APPEAL NO.11 OF 2008 APPEAL NO.11 OF 2008 Mr.C.K.Naresh : Applicant. versus Varsha Sreekanth Gupte : Respondent. Mr.A.M.Saroagi for the applicant. CORAM CORAM CORAM : R.M.SAVANT, J. : R.M.SAVANT, J. : R.M.SAVANT, J. DATED DATED DATED : JULY 09, 2008. : JULY 09, 2008. : JULY 09, 2008. P.C. P.C. P.C. 1. By the above civil application, the applicant/appellant prays for effecting substitute service on the respondent of the notices issued in Civil Application No.2565 of 2008, which has been filed for restoration of the Appeal, and Civil Application No.2566 of 2008 which has been filed for restoration of possession. 2 2. It is the case of the applicant that the packets issued in the name of the respondent are returned back with endorsement that "not residing at the address" which is mentioned in the cause title as also an endorsement that "the respondent has shifted". It is the case of the applicant that the respondent is deliberately avoiding the service. 3. For the reasons stated in the above civil application, the same is allowed in terms of prayer clause (a). 4. Issue fresh notice to the respondent in both Civil Application No.2565 of 2008 and Civil Application No.2566 of 2008, returnable on 13th August 2008. 5. The applicant to issue paper publication in two prominent daily news paper having circulation in Kalyan and Dombivali one in English and other in Marathi preferably "Time of India" and "Lokmat" and file an affidavit to the said effect. Civil Application is accordingly disposed of. 3 [R.M.SAVANT, [R.M.SAVANT, [R.M.SAVANT, J] J] J]