Jana Diago Dukur v. Chapubai Paskol Dukur

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 25th October, 2024 CALLED FOR DIRECTION:

2.CHOL/490/2024 In TP/2577/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Shubhangi Sarang, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon Vithabai Vitthal Nakhwa (Daughter of the deceased) and 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 26th August, 2024 annexed to Chamber Order. In the said Affidavit, it is stated that the Citation sent for service upon Vithabai Vitthal Nakhwa (Daughter of the deceased) at her last known address through the Sheriff of Bombay by RPAD was returned by the Postal Authorities with remark "Door locked". It is further stated that the Applicant had enquired about the whereabouts of the said Daughter of the deceased with relatives and friends but nobody has any information about her whereabouts. The Applicant therefore requested to permit her to publish the Citation upon the daughter of the deceased and 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. ..2/-

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

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 Vithabai Vitthal Nakhwa (Daughter of the deceased) and all concerned could not be served as the citation sent for service at the last known address was returned by the Postal Authority with a remark "Door locked" and their whereabouts are not known to the Applicant. She therefore prays that the Chamber Order be allowed.

6. For the reasons stated in Affidavit dated 26th August, 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.

7.

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 order. Office is directed to issue fresh Citation, if required.

8. Applicant to file Affidavit annexing therewith the newspapers within two weeks once, the publication is done.

25.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master