Rekha Dinesh Jain v. Late Rakmabai Bandu Gaikwad Since Deceased

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

6.CHOL/524/2024 In TP/4521/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Sujata R. Babar, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon Babasaheb Eknath Gangurde (Adopted 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 "Dainik Navshakti" in vernacular language i.e. Marathi.

3.

Perused the Affidavit dated 8th October, 2024 annexed to Chamber Order. In the said Affidavit, it is stated that the deceased died a spinster and she has no brother or sister. It is further stated that the deceased had one adopted son viz. Babasaheb Eknath Gangurde and his whereabouts not known to the Applicant. The Applicant has further stated that she had tried to search and locate the adopted son of the deceased and enquired from neighbours and nearby known person but she did not get any information. The Applicant therefore prayed to permit her to publish the Citation upon Babasaheb Eknath Gangurde by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Dainik ..2/-

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

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 deceased died a spinster and she has no brother or sister and the deceased had one adopted son viz. Babasaheb Eknath Gangurde and his whereabouts not known to the Applicant. She further submits that the Applicant had tried to search and locate the adopted son of the deceased and enquired from neighbours and nearby known person but she did not get any information. She therefore prays that the Chamber Order be allowed.

6. For the reasons stated in Affidavit dated 8th October, 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. Publication of Citation to be done in two newspapers viz. (1) "Free Press Journal" in English and (2) "Dainik 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.

22.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master