Ashish Janardan Vichare v. Shantaram Jayaram Sawant (Deceased)
msm Before : Shri S.R. Paranjpe, Addl. Registrar (O.S.)/ Addl. Prothonotary and Senior Master Date : 18 th January, 2024.
FOR DIRECTION :
11. CHOL/12/2024 Mr. Manoj M. Mane, Advocate for the Applicant / Petitioner.
In TP/3812/2023 P.C. :
1.
The present Chamber Order is taken out to serve the Citation upon all the concerned of the legal heirs of the deceased (Shantaram Jayaram Sawant) 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 "Navashakti" in vernacular language i.e.
Marathi.
3.
Perused the Affidavit dated 3rd January, 2024 annexed to Chamber Order.
In Para-2 of the said Affidavit, it is stated that the deceased died issueless. Parents of the deceased predeceased the deceased.
..2/-
: 2 :
Widow of the deceased viz. Satyavati Shantaram Sawant since deceased the th August, 2021. The deceased, died on 18 Petitioner is not aware about the legal heirs of the deceased as specified in ClassII, entry-II to IX of the schedule to the Section-8 of Hindu Succession Act, 1956 and also agnets and cognates legal heirs if any and their present whereabouts. The Petitioner tried to search the whereabouts of the legal heirs of the deceased from the friends and relatives, however, despite due and diligent search the petitioner was not able to trace out the same.
4.
Perused Para-8 of the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the all concerned legal heirs of the deceased and their whereabouts are not known to the Petitioner.
5.
Hence, for the reasons stated in Affidavit dated 3rd January, 2024 annexed ..3/-
: 3 :
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 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.
Advocate to file Affidavit annexing therewith the newspapers within two weeks once, the publication is done.
Addl. Registrar (O.S.)/ 18.01.2024 Addl. Prothonotary and Senior Master