IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (FOR SUBSTITUTE SERVICE) NO. 1 of 2025 In R/CIVIL APPLICATION NO. 4126 of 2024 In F/SECOND APPEAL/19099/2024 ==========================================================

RAJENDRAKUMAR CHELABHAI BHATOL & ANR.

Versus THAKUR CHUNILAL DALPATRAM (ABATED) & ORS.

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Appearance:

MR SP MAJMUDAR(3456) for the PETITIONER(s) Nos. 2, 5.1, 5.2.1, 5.2.5 to

5.2.6, 5.3, 5.5.1, 5.5.5 and 5.6,2 MR V Z BHARDA(12667) for the PETITIONER(s) Nos. 2, 5.1, 5.2.1, 5.2.5 to

5.2.6, 5.3, 5.5.1, 5.5.5 and 5.6,2 MR HIMANSU M PADHYA(1611) for the RESPONDENT(s) No.

3.1,3.2,3.3,3.4,3.5,4 MS ARCHANA R ACHARYA(2475) for the RESPONDENT(s) No.

5.2.2,5.2.3,5.2.4,5.4,5.5.2,5.5.3,5.5.4,5.5.6 ==========================================================

CORAM:ADDITIONAL REGISTRAR (JUDICIAL)

Date : 12/02/2026

IA ORDER

1. Heard learned Advocate Mr. V. Z. Bharda appearing for the Petitioners. At the outset learned Advocate Mr. Bharda tender the service affidavit. The department is directed to place this affidavit on record.

2. Perused the Civil Application and record.

3. By way of this application, the Petitioners have prayed for permission to serve notice to the Respondent Nos. 2, 5.1, 5.2.1, 5.2.5 to 5.2.6, 5.3, 5.5.1, 5.5.5 and 5.6 by way of publication in vernacular language in the local newspaper having wide circulation in the area where the said the Respondents have lastly resided, at the cost of the Petitioners.

4. The learned advocate for the Petitioners has submitted that the order of issuance of notice was passed by the Hon’ble Court on 17.03.2025. Thereafter, the matter was adjourned from time to time, however, the notice could not be served qua the Respondent Nos. 2, 5.1, 5.2.1, 5.2.5 to 5.2.6, 5.3, 5.5.1, 5.5.5 and 5.6 due to the reason as mentioned in the application. That under the circumstances, the Petitioner has reason to believe that the aforesaid unserved Respondents cannot be served in ordinary way.

5. Considering the facts and circumstances emerging from the record, prayer for substituted service in terms of prayer para 8(B) of the present Civil Application is permitted. The Petitioners are permitted to serve the aforesaid unserved the Respondent Nos. 2, 5.1, 5.2.1, 5.2.5 to 5.2.6, 5.3, 5.5.1, 5.5.5 and 5.6 by way of publishing the service of notice in view of order dated 17.03.2025, in vernacular language in local newspaper having wide circulation in the vicinity where the aforesaid unserved the Respondents were known to have actually and voluntarily resided, carried on business or personally worked for gain. Further, considering the facts and circumstances of the case simultaneously it is also order to serve the notice to the aforesaid unserved Respondents by way of affixation on the conspicuous part of the premise of said Respondents where the aforesaid unserved Respondent were lastly known to have actually and voluntarily resided.

6. The cost of substituted service by way of paper publication shall be borne by the Petitioner.

7. The aforesaid process of substituted service shall be carried out within 6 weeks from the date of this order. The office shall take all necessary steps in the above regard.

8. Accordingly, the present Civil Application stands disposed of.

(M. B. RATHORE)

ADDITIONAL REGISTRAR (JUDICIAL)

RB DESAI