Jyoti Suresh Badakere v. Shankerrao Ramrao Badakere

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 11th March, 2025 CALLED FOR DIRECTION:

Mr. Hemanshu Vyas a/w. Mr. Suraj Shetye i/b. Ms. Hetal Patel, Advocate for the Applicant / Petitioner. 3.CHOL/13/2025 ECHCBM02131122024 In TP/2657/2021 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P. C. :

1. The present Chamber Order is taken out to serve the Citation upon (1) Mrs. Saroj Ullal (Daughter of the deceased) and (2) Ms. Shobha Kishor Desai (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 8th June, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the Applicant could not obtain fresh Consent Affidavit of the aforesaid married daughter of the deceased and sought permission to serve the Citation upon them by substituted service. On 13th February, 2025, the time to serve the Citation was extended. It appears from the Affidavit of Service dated 3rd March, 2025, the Citation sent for service through the Sheriff of Bombay and the Bailiff has reported that the above named legal heirs could not be found at their address and upon making enquiry it was informed that the legal heirs are not residing at the said premises since last 15 years and their present whereabouts are not known. The said ..2/-

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Affidavit of Service is on record. The Applicant therefore requested to permit her to publish the Citation upon (1) Mrs. Saroj Ullal (Daughter of the deceased) and (2) Ms. Shobha Kishor Desai (Daughter of the deceased) by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi.

4.

Perused Para-8 of the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the addresses not known to the Petitioner. 5.

Heard. The Ld. Advocate for the Applicant submits that the Applicant had sent the Citation for service upon (1) Mrs. Saroj Ullal (Daughter of the deceased) and (2) Ms. Shobha Kishor Desai (Daughter of the deceased) through the Bailiff but the Bailiff could not serve Citation at their last known address. She further submits that the whereabouts of the above named legal heirs are not known to the Applicant. She therefore prays that the Chamber Order be allowed. 6.

For the reasons stated in Affidavit dated 8th June, 2024 and Affidavit of Service dated 15th February, 2025, annexed to the Chamber order and averment made in Para-8 of the Petition, the Chamber Order is allowed. The Applicant is directed to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) "Navshakti" in Marathi language, within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.

7. Applicant to file Affidavit annexing therewith the newspapers within two weeks once, the publication is done. 11.03.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master