Ajay Bhalchandra Kulkarni v. Asha Pandurang Kadam (Deceased)

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.)/ Addl. Prothonotary and Senior Master Date : 18 th April, 2024.

FOR DIRECTION :

5.CHOL/169/2024 Mr. Yogesh C. Parikh i/b. M/s. Sanjay Udeshi and Co., Advocate for the Applicant / Petitioner.

In TP/119/2020 P.C. : 1.

The present Chamber Order is taken out to serve the Citation upon Girish Krishna Kadam and Hrishikesh Krishna Kadam (Nephews of the deceased) 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 "Navshakti" in vernacular language i.e.

Marathi.

3.

Perused the Affidavit dated 10th October, 2023 annexed to Chamber Order.

In Para-1 and 2 of the said Affidavit, it is stated that the Citation sent to Girish ..2/-

: 2 :

Krishna Kadam and Hrishikesh Krishna Kadam (Nephews of the deceased) were returned by the Postal Authority with a remark "No such person on given address".

In Para No.3 of the said Affidavit the Applicant has stated that efforts were made to find out another address of the above named person but could not get their address. The Petitioner therefore requested to permit to publish the Citation in two local newspapers.

4.

Perused Para-8 of the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the address not known to the Petitioner.

5.

Hence, for the reasons stated in th October, 2023 annexed Affidavit dated 10 to the Chamber order and averment made in Para-8 of the Petition, the present Chamber order is granted, and the same is signed separately.

6.

Publication of Citation to be done one ..3/-

: 3 :

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

7.

Applicant / Petitioner to file Affidavit annexing therewith the newspapers within two weeks once the publication is done.

Addl. Registrar (O.S.)/ 18.04.2024 Addl. Prothonotary and Senior Master