Cyriac Joseph, C.J. (Oral):

The appellant is the petitioner in Writ Petition No. 15223 of 2005. When the notice issued to the respondent in the writ petition could not be served in the normal course, the appellant filed I.A. No. I of 2006 seeking permission to take out notice to the respondent by publication in the newspaper "Daily Pas ban". The said application was allowed by the learned Single Judge on 5-1-2006 subject to the direction that the notice should be taken out by paper publication in "Vijaya Kamataka" daily. Thereupon the appellant filed LA. No. III of 2006 praying for modification of the order dated 5-1-2006. In I.A. No. III of 2006, the appellant prayed that he may be permitted to take out notice by paper publication in "Daily Pasban" instead of "Vijaya Karnataka". The said application for modification was rejected by the learned Single Judge on 8-2-2006. Aggrieved by the said order dated 8-2-2006 rejecting I.A. No. III of 2006, the appellant has filed this writ appeal.

2. The contention of the appellant is that the learned Single Judge ought to have allowed the writ petitioner/appellant to take out notice to the respondent by paper publication in "Daily Pas ba