Nagesh Bhagwan Koli v. Vimal Vasudeo Thanekar

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 17th October, 2024 CALLED FOR DIRECTION:

1.CHOL/463/2024 In TP/1619/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Saurabh Oka, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon Pooja Pratap Thanekar (Grand daughter of the deceased) 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 26th February, 2024 annexed to Chamber Order. It is stated in the Affidavit that Pratap Vasudeo Thanekar son of the deceased predeceased the deceased, leaving behind Pooja Pratap Thanekar being the Grand daughter of the deceased. It is further stated that the Citation sent to her for service at the last known address was returned by the postal authorities with a remark "address not found". It is further stated that inspite of making efforts to search the new address none could be found and the Petitioner is not aware about any other address of the said legal heir of the deceased. The Applicant therefore requested to permit him to publish the Citation upon Pooja Pratap Thanekar (Granddaughter of the deceased) by way of substituted service by publishing in two newspapers ..2/-

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

viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi. 4.

Perused Para-8 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 Pooja Pratap Thanekar (Granddaughter of the deceased) could not be served with citation and her whereabouts are not known to the Applicant. He further submits that the Applicant is not aware of the whereabouts of the said Pooja Pratap Thanekar (Granddaughter of the deceased). He therefore prays that the Chamber Order be allowed. For the reasons stated in Affidavit dated 26th February, 2024 annexed to the Chamber order and averment made in Para-8 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.

17.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master