Sunil Gordhandas Mathreja v. Kamlesh Gordhandas Mathreja

ssd Before: E.B. SIVAKUMAR Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 04th April, 2024 CALLED FOR DIRECTION:

10. CHOL/128/2024 (ECHCBM02126952023) IN TP/3302/2022 Mr. Sushil A. Inamadar, Adv. i/b. Ajit Shrikhande for the Petitioner.

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

1. The present Chamber Order is taken out to serve the Citation upon Mr. B.

Govind, attesting witness to the Will 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 26th April 2023 annexed to Chamber Order. In Para 3, it is stated that the Shri Baloji Dhadoram Kawale, the other witness has expired. The copy of the Death Certificate of the said attesting witness is at Exh. A to the Affidavit. In Para- 7 of the it is stated that the letter dated 4.4.2023 sent to Mr.

B. Govind, attesting witness to the Will of the deceased, was returned by the postal authorities with the remark "insufficient address. No such person".

4.

In Para 8, of the Affidavit the petitioner has prayed that he may be

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) permitted to serve citation upon the said attesting witness to the Will of the deceased by way of substitute service by publication of citation in local newspapers one in "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi.

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, about last known address.

6.

Hence, for the reasons stated in Affidavits dated 26th 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.

7.

Publication of Citation to be done one in English newspaper in "Free Press Journal"

and one in "Navshakti" 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.

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 04.04.2024