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Bombay High CourtCHOL/30/2025disposed off

Suwarna Dilip Sahasrabudhe v. Seema Subhash Ghanekar

2025-01-23E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)3 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 23rd January, 2025 CALLED FOR DIRECTION:

1.CHOL/30/2025 AMH20230019665C202400008 In TP/1272/2024 Ms. Rajashri Nadiger, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon Subash Govind Ghanekar (Husband 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 22nd August, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the Husband of the Deceased had no relation with Deceased and left the Deceased during her lifetime. It is further stated that the Deceased in her Will mentioned that her Husband left her 15 years ago. The Applicant has further stated that she is not aware about the address of the Husband of the Deceased and she had tried to find out information and address but could not trace the said legal heir. The Applicant therefore requested to permit her to publish the Citation upon Subash Govind Ghanekar ..2/-

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(Husband 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-9 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 Deceased died as issueless and the Husband of the Deceased had no relation with Deceased and left the Deceased during her lifetime. She further submits that the Deceased in her Will mentioned that her Husband left her 15 years ago. She further submits that the Applicant is not aware about the address of the Husband of the Deceased and she had tried to find out information and address but could not trace the said legal heir. She further submits that the Applicant / Petitioner be permitted to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) "Navshakti" in Marathi language. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 22nd August, 2024 annexed to the Chamber order and averment made in Para-9 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 ..3/-

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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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 23.01.2025