Gehlot M. Shafi v. The State Of Maharashtra And 8 ORS.

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 6th August, 2024 CALLED FOR DIRECTION:

6.CHOL/351/2024 In WP/3133/2019 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Vikas G. Saindane, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Notice together with copy of Petition upon (1) Mr. Anthony J. Fernandez (Respondent No.5), (2) Ms. Mercy J. Fernandez (Respondent No.6), (3) Ms. Cleta J. Fernandez (Respondent No.8), and (4) Mr. Seigbird J. Fernandez (Respondent No.9) by way substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Petitioner is seeking permission to publish the Notice together with copy of Petition in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi and also affixing on the conspicuous part of the last known residential address of Respondent Nos.5, 6, 8 and 9.

3.

Perused the Affidavit dated 10th May, 2024 annexed to Chamber Order. In Para-2 of the said Affidavit, it is stated that the Hon'ble Court vide order dated 12th August, 2021, Notice was issued to the Respondents except Respondent Nos.1, 2 and 4. The Notice was served upon the Respondent Nos.3 and 7 but the service upon Respondent Nos.5, 6, 8 and 9 could not be done through the Bailiff. The Bailiff had submitted in his Report dated ..2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :

8th September, 2021 that the address of the Respondent No.5 is incomplete, door was locked at the residence of Respondent No.6, Respondent No.8 had left the address and Respondent No.9 is not residing at the address since last two years. In view of the above, the Applicant has submitted for permission for substituted service of Notice together with copy of Petition by way publication and affixing on the conspicuous part of the last known residential address of Respondent Nos.5, 6, 8 and 9. 4.

Heard, the Ld. Advocate for the Petitioner. For the reasons stated in Affidavit dated 10th May, 2024 annexed to the Chamber order, the present Chamber order is granted, and the same is signed separately. 5.

Publication of Notice together with copy of Petition to be done in two newspapers viz. (1) "Free Press Journal" in English and (2) "Navshakti" in Marathi language and also affixing on the conspicuous part of the last known residential address of Respondent Nos.5, 6, 8 and 9, within four weeks from the date of uploading the order.

6. 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 06.08.2024