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Bombay High CourtCHOL/73/2024disposed off

Dilip Bhaskar Manjrekar v. Bhaskar Deoo Manjrekar

2024-03-08E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)3 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.)/ Addl. Prothonotary and Senior Master Date : 08 th March, 2024.

FOR DIRECTION :

14.CHOL/73/2024 Ms. Tejaswini Chavan, Advocate for the Applicant / Petitioner.

In TP/3591/2022 1.

The present Chamber Order is P.C.

:

taken out to serve the Citation upon all concerned by way substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Petitioner is seeking permission to publish the Citation in two newspapers viz. "Free Press Journal" in English Language and in "Nava Shakti" in vernacular language i.e. Marathi.

3.

Perused the Affidavit dated 24th April, 2023 annexed to Chamber Order.

In Para-2 of the said Affidavit, it is stated that the a deceased died as leaving behind is widow, two sons and one married daughter. It is further stated that the widow of the deceased died on 29th November, 2017 and the elder son viz. Vijay Bhaskar Manjrekar ..2/-

::2::

at died on 20th June, 2020. It is further stated that Mr. Amit Vijay Manjrekar Grandson of the deceased is staying separately since the year 1989. It is further stated in para-4 it is stated that efforts were taken to serve the Citation upon non-consent legla heirs i.e. Amit Vijay Manjrekar through bailiff the said bailiff but the Citation could not be served upon him. It appears from the bailiff report dated 9th March, 2023 that Mr. Amit Vijay Manjrekar was not found at the last known address and on making enquiry the bailif was informed that Amit V. Manjrekar sold and left the premises this is since last 10 years ago.

Therefore, the petitioner has sought permission to publish the Citation in two local newspapers viz. "Free Press"

in English Language and "Nava Shakti"

in vernacular Language i.e. Marathi as the whereabouts of the heirs of the deceased are not known to the Petitioner.

..3/-

::3::

4.

Perused the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the whereabouts of the legal heirs of the deceased which are not known to the Petitioner.

5.

Hence, for the reasons stated in Affidavit dated 24th April, 2023 annexed to the Chamber order and averment made in the Petition, the present Chamber order is granted, and the same is signed separately.

6.

Publication of Citation to be done one in English newspaper in "Free Press Journal" and one in "Nava Shakti" in Marathi newspaper in vernacular language, within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.

7.

Advocate to file Affidavit annexing therewith the newspapers within two weeks once, the publication is done.

Addl. Registrar (O.S.)/ 08.03.2024 Addl. Prothonotary and Senior Master