1. This application has been filed by the applicants (original petitioners) with a prayer to permit them to effect service of notice issued by this Court on 2-2-2012, by publishing an advertisement in the daily newspaper circulated in the locality in which respondents Nos.4 to 8 are last known to have actually and voluntarily resided.
2. Heard Mr.J.A.Adeshara, learned advocate for the applicants and Ms. Nisha Thakore, learned Assistant Government Pleader for respondents Nos.1 and 2.
3. It is submitted by Mr.Adeshara that despite best efforts, the applicants could not gather the whereabouts or obtain the addresses of respondents Nos.4 to 8. The Power of Attorney of respondents Nos.4 to 8, Kanubhai Taljabhai Patel who had filed the proceedings of Revision Application No.518/92 before the Gujarat Revenue Tribunal, has expired in the year 1992. Under the circumstances, the petitioners have mentioned the last known addresses of respondents Nos.4 to 8 in the cause title of the petition. It is further submitted that at the time of filing the petition the applicants were aware that respondents Nos.4 to 8 have migrated to United States of America but their whereabouts and addresses are not known. In spite of diligent efforts,the applicants have not been able to gather the addresses of the said respondents.
4. Ms.Nisha Thakore, learned Assistant Government Pleader, has no objection if respondents Nos.4 to 8 are permitted to be served through publication.
5. In view of the above, the following order is passed:
The applicants are permitted to serve respondents Nos.4 to 8 by issuing an advertisement in the Vernacular newspaper "Divya Bhaskar" which has wide circulation in Nadiad, where respondents Nos.4 to 8 are known to have actually and voluntarily resided. The applicants shall have the advertisement published in the above-mentioned newspaper within a period of fifteen days from today.
The returnable date is extended to 25-6-2012.
6. The application is allowed in the above terms.
(Smt.Abhilasha Kumari,J) arg Top