Pradeep Mistry Alias Pradeep Kashinath Mistry v. Baybai Sowar Wagh (Deceased)

Sah Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.)/ Addl. Prothonotary and Senior Master Date : 26th March, 2024.

FOR DIRECTION :

Mr. Sachin Daga, Advocate for Petitioner.

8. CHOL/117/2024 In TP/3512/2022 P.C. :

1.

The present Chamber Order is taken out to serve the Citation upon all concerned by way of substituted service upon Mr. Damu Sowar Wagh steps son of the deceased, 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. (1.) "Free Press Journal" in English Language, and (2) "Tarun Bharat" in vernacular language i.e. Marathi.

3.

Perused the Affidavit dated 08th January, 2024 annexed to Chamber Order. In Para-2 of the said Affidavit, it is stated that the deceased had a stepson, whose whereabouts are not known to the petitioner. It is further stated that the deceased neglected by her step son and husband and cohabiting separately. It is further stated that during the lifetime there were no good and cordial relationship between the deceased and her stepson. It is further stated that the by Petitioner had tired to search and locate the stepson of the deceased and enquired from neighbours but did not get information of her stepson. The Petitioner

therefore, seeks leave to publish the Citation in newspapers viz. (1.) "Free Press Journal" in English Language, and (2) "Tarun Bharat" in vernacular language i.e. Marathi.

4.

Perused the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the steps taken to serve the citation and the whereabouts of the legal heirs of the deceased which are not known to the Petitioner. 5.

Hence, for the reasons stated in Affidavit dated 08.01.2024 annexed to the Chamber order and averment made in the Petition, the present Chamber order is granted, and the same is signed separately. 6.

Publication of Citation to be done in newspapers viz. (1.) "Free Press Journal" in English Language, and (2) "Tarun Bharat" in vernacular language i.e. Marathi. within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required. 7.

Advocate to file Affidavit annexing therewith the newspapers within two weeks once, the publication is done.

Addl. Registrar (O.S.)/ 26.03.2024 Addl. Prothonotary and Senior Master