Sharada Laxman Ahir v. Vasant Laxman Ahir And Rekha Vasant Ahir

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 08th October, 2024 CALLED FOR DIRECTION:

3.CHOL/436/2024 In TP/2436/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Darshana Manjrekar a/w. Ms. Nisha Sharma, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Nirmala Balkrishna Ahir (Wife of Brother of Deceased No.1) 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 10th August, 2024 annexed to Chamber Order. In Para-3 of the said Affidavit, it is stated that one of the legal heirs, the Brother of Deceased No.1 and Brother-in-law of Deceased No.2 viz. Balkrishna Laxman Ahir died on 19th February, 2021 leaving behind his wife Nirmala Balkrishna Ahir. It is further stated that on 7th June, 2024an attempt was made to serve the citation upon the said Nirmala Balkrishna Ahir at the last known address through Bailiff, but the same was returned by the Bailiff as the said legal heir was not found at the said address. It is further stated that the occupant of neighbouring flat informed the Bailiff that the said legal heir has left the premises long back and her present whereabouts are not known.

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The Applicant therefore prayed for publication of citation in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi.

4.

Perused Para-6 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 Mrs. Nirmala Balkrishna Ahir, legal heir of the Deceased Nos.1 and 2 could not be served with citation and her whereabouts are not known to the Applicant. She further submits that the Applicant had made enquiry with friends and relatives about her whereabouts but none of them are aware of her address. He therefore prays that the Chamber Order be allowed. For the reasons stated in Affidavit dated 10th August, 2024 annexed to the Chamber order and averment made in Para-6 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 08.10.2024