Laxmi Kashinath Thanekar And 16 ORS v. Kirtikumar C Vasa And 4 ORS

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

Date : 18 FOR DIRECTION :

6. CHOL/288/2024 Mr. Prashant Bothre i/b. M/s. Pan India Legal Services, Advocate for the Applicant / Plaintiff.

In S/23/2021 Ms. Mhendi Nakrani i/b. M/s. Puruanand & Co., Advocate for the Defendant No.2.

P.C. : 1. The present Chamber Order is taken out to serve the Writ of Summons upon he Defendant No.1 as and by way of substituted service by way of publication in two local newspapers, and pasting as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Applicant/ Plaintiff is seeking permission to publish the Writ of Summons in two newspapers viz. (1) "Free Press Journal" in English Language and (2) "Navshakti" in vernacular language i.e. Marathi. The Applicant is also seeking permission to affix a copy of Writ of Summons at the ..2/-

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conspicuous part at the last known residential/office address of the Defendant No.1.

3.

Perused the Affidavit dated 4th July 2024 annexed to Chamber Order. In Para-2 of the said Affidavit, it is stated that the Writ of summons could not be served upon the Defendant No.1 through the Bailiff. Perused the report of the Bailiff dated 2nd April 2024. The bailiff has reported that the premises of the Defendant No.1 was found locked and upon making enquiry with the Secretary of the building, who informed that the Defendant No.1 sold the premises to Mrs.

Meena S Gagul four years ago and he was not aware of the present address of the Defendant No.1.

4.

Heard the ld Advocate for the Plaintiffs. For the reasons stated in Affidavit dated 4th July, 2024 annexed to the Chamber order and the report of the Bailiff dated 2nd April 2024. The present ..3/-

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Chamber order is granted, and the same is signed separately.

5.

Publication of Writ of Summons be done in newspapers viiz. "Free Press Journal" in English language and in "Navshakti" in Marathi language, within four weeks from the date of uploading the order. Office is directed to issue fresh Writ of Summons, if required, with the returnable date. Applicant to affix a copy of Writ of Summons at the conspicuous part at the last known residential/office address of the Defendant No.1.

6.

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

Addl. Registrar (O.S.)/ 18.07.2024 Addl. Prothonotary and Senior Master