Suchita Vishnu Malevadkar v. Manorama Mahadev Sansare

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 30th January, 2025 CALLED FOR DIRECTION:

3.CHOL/50/2025 AMH20240005938C202400011 In TP/820/2024 Ms. Aarti R. Dharamsey i/b. Mr. Shivaji R. Nirmale, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon (1) Ms. Mamta Gajanan Sansare (Niece of the deceased), (2) Mr. Balkrishna Gajanan Sansare (Nephew of the deceased) and (3) Mr. Vijay Gajanan Sansare (Nephew 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 3rd September, 2024 annexed to Chamber Order.

It is stated in the said Affidavit that the deceased died as issueless and due to lack of addresses of the above named legal heirs of the deceased, he could not obtained consent Affidavits. He has therefore taken out the Chamber Order for permission to publish the Citation in two newspapers viz. "Free Press ..2/-

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Journal" in English Language and in "Navshakti" in vernacular language i.e.

Marathi. The Applicant therefore prayed to allow the Chamber Order.

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 deceased died as issueless and due to lack of addresses of the above named legal heirs of the deceased, Applicant could not obtained consent Affidavits. She further submits that the Applicant is not aware of the whereabouts of the above said legal heirs of deceased and 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. She therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 3rd September, 2024 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 ..3/-

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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 30.01.2025