Akhtar Ismail Selia v. Late Shyam Shripathi Mail

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 26th September, 2024 CALLED FOR DIRECTION:

3.CHOL/430/2024 In TP/4153/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Akshata Kadam a/w. Ms. Shobhana Waghmare, Advocate for the Applicant / Petitioner. P. C. :

1. The present Chamber Order is taken out to serve the Citation upon 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 29th August, 2024 annexed to Chamber Order. In Para-8 of the said Affidavit, it is stated that the Petitioner is not aware of the wife or any living son and daughter or any brother or sister of the deceased or any other legal heirs. It is further stated that the Petitioner has made enquiries of the neighbours of the said deceased but the whereabouts of any of the legal heirs could not be found. Therefore, the Petitioner has sought to 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 :

4.

Perused Para-10 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 / Petitioner submits that the Petitioner is not aware of the whereabouts of the legal heirs of the deceased and prays for permission to publish the Citation in the newspapers as and by way of substituted service. For the reasons stated in Affidavit dated 29th August, 2024 annexed to the Chamber order and averment made in Para-10 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 26.09.2024