Kamladevi Bahadursingh Thapa v. Shankar Prasad Pakrasi

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 19th December, 2024 CALLED FOR DIRECTION:

1.CHOL/541/2024 In TP/5016/2022 Mr. Dipak Khilari i/b. Ms. Aruna Pande, Advocate for the Applicant / Petitioner.

P. C. : 1. The Ld. Advocate for Petitioner produces the Additional Affidavit dated 17th December, 2024 and submits that the same will be filed online during the course of the day. Registry to accept the same. 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 "Navbharat Times" in vernacular language i.e. Hindi. 3.

Perused the Affidavit dated 18th September, 2024 and Additional Affidavit dated 17th December, 2024 annexed to Chamber Order. It is stated in the said Additional Affidavit that Mrs. Arti Shankar Pakrasi had predeceased the deceased and deceased had no son. The Petitioner has further stated that she is not known about the legal heirs of the deceased. It is further stated that she made enquiry with family, friends and neighbours of the deceased about the any other legal heirs of the deceased but nobody knows the whereabouts of the other legal heirs. It is further stated that despite due and diligent search about the legal heirs of the deceased none has been found till ..2/-

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date and the deceased during his lifetime ever told and mentioned about his relatives or legal heirs. The Applicant therefore requested to permit her 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 "Navbharat Times" in vernacular language i.e. Hindi. 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 Mrs. Arti Shankar Pakrasi had predeceased the deceased and deceased had no son. He further submits that she is not known about the legal heirs of the deceased. He further submits that she made enquiry with family, friends and neighbours of the deceased about the any other legal heirs of the deceased but nobody knows the whereabouts of the other legal heirs. He further submits that despite due and diligent search about the legal heirs of the deceased none has been found till date and the deceased during his lifetime ever told and mentioned about his relatives or legal heirs. He, therefore, prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 18th September, 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) "Navbharat Times" in Hindi language, within ..3/-

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six 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 19.12.2024