Aslam Ismail Selia v. Eknath Jagannath Patil Alias Eaknath Jagannath Patil

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

2.CHOL/465/2024 In TP/3271/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Sharvari S. Nagvekar, 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. It is stated in the Affidavit that the deceased died as bachelor and the parents of the deceased predeceased the deceased. It is further stated that the deceased had no brother and no sister and no legal heirs from his paternal and maternal side. It is further stated that there are no legal heirs left by the deceased as per Schedule-I of Hindu Succession Act, 1956. The Petitioner has further stated that the deceased did not mention about any of his relatives during lifetime. The Applicant therefore prayed to permit him to publish the Citation upon all concerned by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and ..2/-

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

in "Navshakti" in vernacular language i.e. Marathi. 4.

Perused Para-9 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 deceased had died as bachelor and the Petitioner is not aware whereabouts of the legal heirs of the deceased. He therefore prays that the Chamber Order be allowed. For the reasons stated in Affidavit dated 29th 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.

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