Sagar Krishna Gaikwad v. Late Vijay Dattatrav Patil Alias Dalvi

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 18th October, 2024 CALLED FOR DIRECTION:

2.CHOL/479/2024 In TP/4651/2024 Ms. Shobhana Waghmare, 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 8th October, 2024 annexed to Chamber Order. It is stated in the Affidavit that the Petitioner is not aware of the whereabouts of the wife and children of the deceased or any other Class-I or Class-II legal heirs of the deceased. It is further stated that the Petitioner had made diligent search of the legal heirs of the deceased at the last known address at Kolhapur but he could not trace anyone from there. The Applicant had made enquiry with the neighbours of the said deceased but no one could give the information about whereabouts of any legal heirs of the said deceased. The Applicant therefore prayed to ..2/-

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

Perused Para-10 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 Petitioner is not aware of the whereabouts of the wife and children of the deceased or any other Class-I or Class-II legal heirs of the deceased and the Petitioner had made diligent search of the legal heirs of the deceased at the last known address at Kolhapur but he could not trace anyone from there. He further submits that the Applicant had made enquiry with the neighbours of the said deceased but no one could give the information about whereabouts of any legal heirs of the said deceased. He therefore prays that the Chamber Order be allowed. For the reasons stated in Affidavit dated 8th October, 2024 annexed to the Chamber order and averment made in Para-10 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 six weeks from the date of uploading the ..3/-

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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.

18.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master