Nilaja Jagdish Achrekar v. Shobha Padmanabh Badkar

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 04th December, 2024 CALLED FOR DIRECTION:

4.CHOL/538/2024 In TP/4084/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Kalpesh Turalkar, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon all concerned legal heirs of deceased viz. Shobha Padmanabh Badkar by way of substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Petitioners are 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 12th July, 2024 annexed to Chamber Order. In the said Affidavit, it is stated that the deceased died as widow and issueless and the Petitioner is not aware about the heirs of the husband of the deceased. It is further stated that the husband of the deceased expired on 31st August, 2009. It is further stated that during the lifetime of the deceased the deceased did not mentioned about whereabouts of her husband as there were no cordial relationship among them.

The Applicant therefore prayed for publication of Citation by way of substituted service upon all concerned legal heirs of the deceased.

4.

Perused Para-8 of the Petition, it is ..2/-

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

mentioned and confirmed that the averment made in the Affidavit in respect of the addresses not known to the Petitioners.

5.

Heard. The Ld. Advocate for the Applicant submits that the deceased died as widow and issueless and the Petitioner is not aware about the heirs of the husband of the deceased. He further submits that the husband of the deceased expired on 31st August, 2009. He further submits that during the lifetime of the deceased the deceased did not mentioned about whereabouts of her husband as there were no cordial relationship among them. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 12th July, 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. 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 04.12.2024