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Bombay High CourtCHOL/456/2024disposed off

Gurupriya Pannalal Yadav v. Sangeeta Pannalal Yadav Alias Sangeeta P Yadav

2024-10-08E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)3 pages

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

7.CHOL/456/2024 In TP/2454/2024 Mr. Vilas Bhagwan Kadu, Advocate for the Applicants / Petitioners.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Pannalal Shrinath Yadav (Husband of the deceased) by way of substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Petitioners are seeking permission to publish the Citation in two newspapers viz. "Free Press Journal" in English Language and in "Navbharat" in vernacular language i.e. Hindi.

3.

Perused the Affidavit dated 5th September, 2024 annexed to Chamber Order.

In Para-4 of the said Affidavit, it is stated that the Pannalal Shrinath Yadav, Husband of the deceased and Father of the Petitioners left their house in the year-2010 and since then they do not know his address and whereabouts. It is further stated that the Citation was sent for service upon Pannalal Shrinath Yadav at his last known address through the Sheriff of Bombay through RPAD but the same was returned by the Postal Authorities with remark "returned to sender unclaimed". The Bailiff has filed an Affidavit of Service dated 20th July, 2024, a copy of the ..2/-

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same is at Exhibit - "A" to the Affidavit in Support. The Applicants therefore requested to permit them to publish the Citation upon Pannalal Shrinath Yadav by way of substituted service by publishing in two newspapers viz.

newspapers viz. "Free Press Journal" in English Language and in "Navbharat" in vernacular language i.e. Hindi.

4.

Perused Para-5 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 Applicants submit that the Pannalal Shrinath Yadav, Husband of the Deceased could not be served with citation and her whereabouts are not known to the Applicants. He further submits that the Applicants are not aware of the whereabouts of the said Pannalal Shrinath Yadav. He therefore prays that the Chamber Order be allowed. For the reasons stated in Affidavit dated 5th September, 2024 annexed to the Chamber order and averment made in Para-5 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) "Navbharat" in Hindi language, within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.

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7. Applicants 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