Surekha Amit Chauhan v. Shanti Barkya Rinjad Wife Of Barkya Rinjad

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 16th October, 2024 CALLED FOR DIRECTION:

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2.CHOL/467/2024 In TP/2243/2024 Ms. Neha Upadhyay i/b. Mr. Mahesh Tiwari, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Sumiti Ashok Sakpal (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 1st July, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the deceased have four married daughters but the whereabouts of one of them i.e. Sumiti Ashok Sakpal is not known to the Petitioner as she had left them more than 30 years back without intimating her new address. It is further stated that the Petitioner had tried to search and locate the said daughter of the deceased and enquired from neighbours but did not get any information and the said daughter of the deceased not in touch with Petitioner or her family. The Applicant therefore requested to permit them to publish the Citation upon Sumiti Ashok Sakpal (Daughter of the deceased) by way of substituted service by publishing in two newspapers viz. ..2/-

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

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 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 Sumiti Ashok Sakpal (Daughter 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 Sumiti Ashok Sakpal (Daughter of the deceased). He therefore prays that the Chamber Order be allowed. For the reasons stated in Affidavit dated 1st July, 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.

16.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master