Mahesh Ramchandra Devgharkar v. Bhagwan Sitaram Paradkar

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 20th September, 2024 CALLED FOR DIRECTION:

1. CHOL/394/2024 In TP/2486/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Sharvari S. Nagvekar, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Shridhar Sitaram Paradkar (Brother of the deceased) by way 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. "The Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi.

3.

Perused the Affidavit dated 10th July, 2024 and Additional Affidavit dated 18th September, 2024 annexed to Chamber Order. In Para-2 of the said Affidavit, it is stated that the parents of deceased pre-deceased the deceased. Deceased died as bachelor. The deceased had only one brother viz. Shridhar Sitaram Paradkar. Deceased had no sister. In the Additional affidavit it is stated that the Petitioner had tried to find out information and address of the said legal heir viz. Shridhar Sitaram Paradkar (Brother of the Deceased), but could not get any information. It is further stated that the Petitioner had made due and diligent search for getting the address of the said legal heir but could not trace the same. The Petitioner, ..2/-

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

therefore, prayed for permission to publish the Citation in two newspapers viz. "The Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi. 4.

Perused Para-9 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 Petitioner submits that the whereabouts of the Brother of the deceased is not known to the Petitioner. He, further submits that the Petitioner be permitted to publish the Citation as per the Schedule annexed to the Chamber Order. For the reasons stated in Affidavit and Additional Affidavit annexed to the Chamber order and averment made in Para-9 of the Petition, the present Chamber order is granted, and the same is signed separately.

6.

Publication of Citation to be done in two newspapers viz. (1) "The 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 20.09.2024