IA ORDER

1. Heard learned advocate Mr. Vishal C. Mehta for the Applicants. None has appeared for the Opponents.

2. Perused the Civil Application and record.

3. By way of this application, the Applicants have prayed for permission to serve notice to Respondent Nos. 1 and 2 by way of publication in vernacular language in the local newspaper having wide circulation in the area where the said Respondent Nos. 1 and 2 have lastly resided, at the cost of the Applicants.

4. The learned advocate for the Applicants has submitted that the order of issuance of notice was passed by the Hon’ble Court. Thereafter, the matter was adjourned from time to time, however, the notice could not be served qua Respondent Nos. 1 and 2 since Respondent Nos. 1 and 2 were not found at the given address. That under the circumstances, the Applicants have reason to believe that the aforesaid unserved Respondent Nos. 1 and 2 cannot be served in ordinary way. The learned advocate appearing for the Applicants has further submitted that the Applicants are not aware of any fresh address of the aforesaid unserved Respondent Nos. 1 and 2 and even after making all sincere efforts, could not be able to procure the present address of the aforesaid unserved Respondent Nos. 1 and 2. The learned advocate has also submitted that the address of the aforesaid unserved Respondent Nos. 1 and 2 are as mentioned in the cause title of the present Civil Application and in the captioned matter, which is correct as per the Applicants. The learned advocate has also submitted that the aforesaid unserved Respondent Nos. 1 and 2 were lastly residing at the address mentioned in the cause title of the captioned matters.

5. Considering the facts and circumstances emerging from the record, prayer for substituted service in terms of prayer para 4(a) of the present Civil Application is permitted. The Applicants are permitted to serve the aforesaid unserved Respondent Nos. 1 and 2 by way of publishing the service of notice in Civil Application No. 3338 of 2025 in F/Civil First Appeal No. 15836 of 2025, in vernacular language in local newspaper having wide circulation in the vicinity where the aforesaid unserved Respondent Nos. 1 and 2 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 Respondent Nos. 1 and 2 by way of affixation on the conspicuous part of the premise of Respondent Nos. 1 and 2 where the aforesaid unserved Respondent No. 1 and 2 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 Applicants.

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.