Sunil Kamlakar Patil v. Hirabai Kamlakar Patil (Deceased)

ssd Before: E.B. SIVAKUMAR Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 05th April, 2024 CALLED FOR DIRECTION:

1. CHOL/74/2024 (ECHCBM02231412023) IN TP/4697/2022 Ms. Surekha Palekar, Adv. for Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Sushama Rajprakash Patil daughter of the deceased, by way of 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 "Navshakti" in vernacular language i.e.

Marathi.

3. Perused the Affidavit dated 30th October 2023 annexed to Chamber Order.

In Para- 2 of the said Affidavit, it is stated that the citation sent through the Sheriff of Mumbai to Sushama Rajprakash Patil daughter of the deceased, was returned by the postal authorities with the remark "Closed and left".

4.

In Para 6, it is stated that the Petitioner does not know the whereabouts of the said daughter of the deceased.

Therefore, the Petitioner has requested to publish the citation in newspapers by way of publication of citation in local newspapers viz. one in "Free Press

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Journal" in English Language and in "Navshakti" in vernacular language i.e.

Marathi. Affidavit of service 30th October 2023 is also filed by the Petitioner.

5.

Perused the Petition. It is mentioned and confirmed that the averment made in the Affidavit in respect of the next of kin of the deceased, whose addresses or not known to the Petitioner.

6.

Hence, for the reasons stated in Affidavit dated 12th Decemer 2023 annexed to the Chamber order and averment made in the Petition, the present Chamber Order is granted, and the same is signed separately.

7.

Publication of Citation to be done in newspapers viz. in English newspaper in "Free Press Journal" and in "Navshakti" in Marathi in vernacular language, within four weeks from the date of uploading the order.

Office is directed to issue fresh Citation, if required.

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

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 05.04.2024