Minoti Ramesh Iyer Alias Minoti Kodaganallur Ramesh v. Jitendra Vrajlal Pandya

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 22nd October, 2024 CALLED FOR DIRECTION:

2.CHOL/491/2024 In TP/4164/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Atiksha Jain i/b. M/s. HN Legal, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon Nikhil Pandya (Son 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 16th September, 2024 annexed to Chamber Order. In the said Affidavit, it is stated that the Citation was sent for service through the Bailiff but the same could not be served upon Nikhil Pandya. It is further stated that the Bailiff has filed an Affidavit dated 3rd August, 2024, wherein it is stated that the Citation was sent through R.P.A.D. but the same was returned by the Postal Department with a Postal remark "No such person in the address". The Applicant therefore requested to permit them to publish the Citation upon Nikhil Pandya (Son of the deceased) by way of substituted service by publishing in two newspapers viz. newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in ..2/-

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

vernacular language i.e. Marathi.

4.

Perused Para-6 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 Nikhil Pandya (Son of the deceased) could not be served with citation and his whereabouts are not known to the Applicant. He further submits that the Applicant is not aware of the whereabouts of the said Nikhil Pandya (Son of the deceased). He therefore prays that the Chamber Order be allowed. For the reasons stated in Affidavit dated 16th September, 2024 annexed to the Chamber order and averment made in Para-6 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.

22.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master