Lata Kashinath Panchal v. Late Shobha Kashinath Panchal Alias Shubhangi Kashinath Panchal (Deceased)

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 18th February, 2025 CALLED FOR DIRECTION:

1.CHOL/53/2025 AMH20220001456C202400006 In TP/1460/2024 Mr. Rajkiran Jadhav a/w. Mr. Arunkumar Khedia, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon (1) Sarita Shrikrishna Panchal alias Nalini Kashinath Panchal (Daughter of the deceased),

(2) Yogita Harishankar Pathak alias Asha Kashinath Panchal (Daughter of the deceased) and non-consenting legal heirs of Late Chandrakant Kashinath Panchal (through his legal heirs wife Shakuntala Chandrakant Panchal, son Yogesh Chandrakant Panchal) by way of substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Applicant / 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 9th October, 2024 and Additional Affidavit dated 17th February, 2025 annexed to Chamber Order. It is stated in the said Affidavit that Chandrakant Kashinath Panchal, Son of the deceased has expired on 17.06.2020 and the whereabouts of his legal heirs are not known. It is further stated that the Applicant / Petitioner is also not aware of the ..2/-

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whereabouts of (1) Sarita Shrikrishna Panchal alias Nalini Kashinath Panchal (Daughter of the deceased),

(2) Yogita Harishankar Pathak alias Asha Kashinath Panchal (Daughter of the deceased). It is further stated that the Applicant / Petitioner had taken steps to serve the Citation upon above named legal heirs of the deceased but she could not serve. The Applicant therefore requested to permit her to publish the Citation upon (1) Sarita Shrikrishna Panchal alias Nalini Kashinath Panchal (Daughter of the deceased), (2) Yogita Harishankar Pathak alias Asha Kashinath Panchal (Daughter of the deceased) and non-consenting legal heirs of Late Chandrakant Kashinath Panchal (through his legal heirs wife Shakuntala Chandrakant Panchal, son Yogesh Chandrakant Panchal) 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-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.

Heard. The Ld. Advocate for the Applicant submits that Chandrakant Kashinath Panchal, Son of the deceased has expired on 17.06.2020 and the whereabouts of his legal heirs are not known and the Applicant / Petitioner is also not aware of the whereabouts of (1) Sarita Shrikrishna Panchal alias Nalini Kashinath Panchal (Daughter of the deceased),

(2) Yogita Harishankar Pathak alias Asha Kashinath Panchal (Daughter of the deceased). He further stated that the Applicant / Petitioner had taken steps to serve the Citation upon above named legal heirs of the deceased but she could not serve. He therefore prays that the Chamber Order be allowed.

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6.

For the reasons stated in Affidavit dated 9th October, 2024 and Additional Affidavit dated 17th February, 2025 annexed to the Chamber order and averment made in Para-10 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 18.02.2025