← Library
Bombay High CourtCHOL/423/2024disposed off

Dhanashri Balraj Sawant Nee Dhanashri Subodh Patwardhan v. Balraj Nanu Sawant,

2024-10-21E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 21st October, 2024 CALLED FOR DIRECTION:

1.CHOL/423/2024 In TP/4264/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Sharad Prabhakar Madiwale, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon Maya Balraj Sawant (Widow of the deceased) and Tejashri Balraj Sawant (Married daughter of the deceased) and all concerned by way of 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. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi. 3.

Perused the Affidavit dated 19th July, 2024 annexed to Chamber Order. In the said Affidavit, it is stated that Maya Balraj Sawant (Widow of the deceased) and Tejashri Balraj Sawant (Married daughter of the deceased), have severed the relations with the family for last 21 years and they are not in touch with any of the family members since then. It is further stated that they have not made any attempt to meet the family members and to get in touch with the family members. The Applicant has further stated that she has made attempts to find the said legal heirs of the deceased but could not get any information. The Applicant therefore requested to permit them to publish the Citation by publishing in two newspapers viz. newspapers viz. "Free Press Journal" in English ..2/-

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

Language and in "Navshakti" in vernacular language i.e. Marathi, by way substituted service.

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 Applicant submits that the Maya Balraj Sawant (Widow of the deceased) and Tejashri Balraj Sawant (Married daughter of the deceased) could not be served with citation and their present whereabouts are not known to the Applicant. He further submits that the Applicant is not aware of the whereabouts of the said legal heirs. He therefore prays that the Chamber Order be allowed. The Affidavit of Service dated 18th October, 2024 is filed by the Applicant is on record. For the reasons stated in Affidavit dated 19th July, 2024 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) "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.

21.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master