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Bombay High CourtCHOL/40/2024disposed off

Kamlakar Kashinath Bhujbal v. Late Dilip Nivrutti Gangavane

2024-02-12E.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 : 12 th February, 2024.

FOR DIRECTION :

8. CHOL/40/2024 Ms. Shobhana Waghmare, Advocate for the Applicant / Petitioner.

In TP/101/2023 P.C. :

1.

The present Chamber Order is taken out to serve the Citation upon the legal heirs of the deceased viz. Suman Dilip Gangavane (Wife of the Deceased) and Sneha Dilip Gangavane (Daughter 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 "Navashakti" in vernacular language i.e.

Marathi.

3.

Perused the Affidavit dated 30th January 2024 annexed to Chamber Order.

In Para-2 of the said Affidavit, it is ..2/-

: 2 :

stated that addresses of the legal heirs viz. Suman Dilip Gangavane (Wife of the Deceased) and Sneha Dilip Gangavane (Daughter of the deceased) are not known.

In Para-5 of the Affidavit the Petitioner has stated that the Citation sent to the last known addresses were returned back with Postal Remark "Door Locked". Therefore, the Petitioner seeks substituted service of Citation by way of publication.

4.

Perused Para-10 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.

Hence, for the reasons stated in Affidavit dated 30th January 2024 annexed to the Chamber order and averment made in Para-10 of the Petition, the present Chamber order is granted, and the same is signed separately.

..3/-

: 3 :

6.

Publication of Citation to be done one in English newspaper in "Free Press Journal" and one in "Navashakti" 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.)/ 12.02.2024 Addl. Prothonotary and Senior Master