Samarth Shrikant Karmarkar v. Mukund Krishnaji Damle

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

4.CHOL/499/2024 In TP/1212/2024 Mr. Pravin S. Dhanawde i/b. Mr. Jonathan Dsylva, 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 17th August, 2024 annexed to Chamber Order. In the said Affidavit, it is stated that the deceased was a bachelor and left no surviving legal heirs. It is further stated that the deceased was living with the Applicant for more than 15 years until the time of his death. It is further stated that the deceased had never been in contact with any of his family members and never provided the Applicant about details of his legal heirs. The Applicant therefore requested 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 ..2/-

: 2 :

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 deceased was a bachelor and left no surviving legal heirs and the deceased was living with the Applicant for more than 15 years until the time of his death. He further submits that the deceased had never been in contact with any of his family members and never provided the Applicant about details of his legal heirs. He further submits that the Applicant be permitted 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 instead of "Navabharat" in Hindi language. He therefore prays that the Chamber Order be allowed.

6. For the reasons stated in Affidavit dated 17th August, 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.

7.

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. ..3/-

: 3 :

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