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Bombay High CourtCHOL/189/2024disposed off

Asha Vishwanath Prabhudesai v. Anjali Prabhakar Risbud

2024-05-07E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)3 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.)/ Addl. Prothonotary and Senior Master th May, 2024.

Date : 7 FOR DIRECTION :

3. CHOL/189/2024 Mr. Shreesh Oak i/b. M/s. SC Legal, Advocate for the Petitioner.

In TP/2384/2023 P.C. : 1. The present Chamber Order is taken out to serve the upon (1) Surekha Panditrao Jamsandekar (Niece of the deceased [Sister's daughter]) (2) Vijay Panditrao Jamsandekar (Nephew of the deceased [Sister's son]) and (3) Rajlakshmi Panditrao Jamsandekar (Niece of the deceased [Sister's daughter]) the legal heirs of the deceased by way publication in two local newspapers, 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.

..2/-

: 2 :

3.

Perused the Affidavit dated 31st January, 2024 annexed to Chamber Order. In Para-2 of the said Affidavit, it is stated that the deceased died as issueless and the names and whereabouts of legal heirs of the deceased from her husband side are not known to the Petitioner. It is further stated that the petitioner had tried to search the whereabouts of the heirs of deceased but despite due and diligent search he could not find them.

4.

Perused Para-4 of the Petition, it is mentioned and confirmed that the averments made in the Affidavit that the whereabouts of the legal heirs of the deceased are not known to the Petitioner.

5.

Hence, for the reasons stated in st January, 2024 Affidavit dated 31 annexed to the Chamber order and averment made in Para-4 of the Petition, the present Chamber order is ..3/-

: 3 :

granted, and the same is signed separately.

6.

Publication of Citation to be done one in English newspaper in "Free Press Journal" and one in "Navshakti" in Marathi newspaper vernacular language, within six weeks from the date of uploading the order.

Office is directed to issue fresh Citation, if required, with the returnable date.

7.

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

Addl. Registrar (O.S.)/ 07.05.2024 Addl. Prothonotary and Senior Master