Ramesh Dharrao Chavan v. Yeshwant Dharrao Chavan

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 13th March, 2025 CALLED FOR DIRECTION:

4.CHOL/109/2025 AMH20230042259C202400020 In TP/368/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Ravindra S. Khilare, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon (1) Anil Yeshwant Chavan (Son of the deceased) and (2) Sushil Yeshwant Chavan (Son 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 5th October, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the Citation was sent for service upon the above named sons of the deceased by R.P.A.D. through the Sheriff of Mumbai, but the same was returned by the Postal Department with a remark "No such person". The Applicant has further stated that he is not aware of the new address of Anil Yeshwant Chavan and Sushil Yeshwant Chavan, Sons of the deceased. The Bailiff of Sheriff of Bombay has filed an Affidavit of Service dated 5th October, 2024 and a copy of the same is annexed at Exhibit - "A" to the Affidavit in Support. The Applicant therefore ..2/-

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requested to permit him to publish the Citation upon above named two sons of the deceased 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-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 Citation was sent for service upon the above named sons of the deceased by R.P.A.D. through the Sheriff of Mumbai, but the same was returned by the Postal Department with a remark "No such person". He further submits that the Applicant is not aware of the new address of Anil Yeshwant Chavan and Sushil Yeshwant Chavan, Sons of the deceased. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 5th October, 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 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 13.03.2025