Maya Shashikant Khadtare v. Shashikant Limbaji Khadtare

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

9. CHOL/101/2024 (ECHCBM02019442024) IN TP/3668/2023 Ms. Mamta Dave, Adv. for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P. C. :

1. The present Chamber Order is taken out to serve the Citation upon 1) Mrs. Kamal Shashikant Khadtare widow of the deceased and 2) Dipali Yogesh Bhoite married daughter 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 "Appla Mahanagar" in vernacular language i.e. Marathi.

3. Perused the Affidavit dated 20th January 2024 and Additional Affidavit dated 29th March 2024 annexed to Chamber Order. In Paras- 7 & 8 of the Additional Affidavit, it is stated that the citation sent through the Sheriff of Mumbai to 1) Mrs. Kamal Shashikant Khadtare and 2) Dipali Yogesh Bhoite of the deceased, were returned by the postal authorities with the remark "no such person in the address".

4.

In Para 11, of the Affidavit the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) petitioner has sought permission to serve citation upon aforesaid legal heirs 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 "Appla Mahanagar" in vernacular language i.e. Marathi.

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, about last known address.

6.

Hence, for the reasons stated in Affidavits dated 20th January 2024 and Additional Affidavit dated 29th March 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 "Appla Mahanagar" 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