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Bombay High CourtCHOL/439/2024disposed off

Dinesh Ramchandra Samant v. Vandana Harishchandra Zarapkar

2024-10-07E.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 : 7th October, 2024 CALLED FOR DIRECTION:

4.CHOL/439/2024 In TP/3672/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Puja Nandkishor Pilankar, 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 5th August, 2024 annexed to Chamber Order. In Para-3 of the said Affidavit, it is stated that under section-15 of Hindu Succession Act, the heirs of the husband are considered as Successors in the event of demise of Hindu female issueless. It is further stated that the Petitioner is not aware of the whereabouts of husband of the deceased. The Applicant has therefore prayed for serving the citation by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi.

4.

Perused Para-9 of the Petition, it is ..2/-

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

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 Applicant is not aware of the whereabouts of legal heirs of the husband of deceased. She further submits that the Applicant be permitted to publish the Citation in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e.

Marathi. For the reasons stated in Affidavit dated 5th August, 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 07.10.2024