Motiram Chandrakant Budhakar v. Neerabai Ganu Jadhav

ssd Before: E.B. SIVAKUMAR Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 04th April, 2024 CALLED FOR DIRECTION:

8. CHOL/100/2024 (ECHCBM02040132024) IN TP/247/2023 Mr. Umesh Vasant Mohite, Adv. for the Petitioner. P. C. :

1. The present Chamber Order is taken out to serve the Citation upon 1) Smt. Sulochana Mahendra Jadhav, Nee Sulochana Ganu Jadhav, 2) Smt. Nanda Dhondiram Kamble nee Nanda Ganu Jadhav daughters 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 19th February 2024 annexed to Chamber Order.

In Para- 4 of the said Affidavit, it is stated that the citation sent through the Sheriff of Mumbai to 1) Smt. Sulochana Mahendra Jadhav, Nee Sulochana Ganu Jadhav, 2) Smt. Nanda Dhondiram Kamble nee Nanda Ganu Jadhav daughters of the deceased, was returned by the postal authorities with the remark "left". In Para 6, it is stated that the Petitioner had tried to search and locate the daughters of the

deceased and inquired from neighbours but the Petitioner did not get any information and the Petitioner does not know the whereabouts of the said daughters of the deceased. Therefore, the Petitioner has requested to publish the citation in newspapers.

4.

In Para 6, of the Affidavit the petitioner has sought permission to serve citation upon aforesaid legal heir of the deceased by way of substitute service by publication of citation in local newspapers one in "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi and Affidavit of service 4th April 2023 is also filed by the Petitioner.

5.

Perused the Petition. It is mentioned and confirmed that the averment made in the Affidavit in respect of the next of kin of the deceased, whose addresses or not known to the Petitioner.

6.

Hence, for the reasons stated in Affidavit dated 19th February 2024 annexed to the Chamber order and averment made in the Petition, the present Chamber Order is granted, and the same is signed separately.

7.

Publication of Citation to be done one in English newspaper in "Free Press Journal"

and one in "Navshakti" in Marathi newspaper in vernacular language, within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.

8. Advocate to file Affidavit annexing

therewith the newspapers within two weeks once, the publication is done.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 04.04.2024