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Bombay High CourtCHOL/542/2024disposed off

Sunil Anandu Kolambkar v. Sushama Anandu Kolambkar

2024-12-10E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 10th December, 2024 CALLED FOR DIRECTION:

3.CHOL/542/2024 In TP/3192/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Prabhakar G. Mhadgut, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Rajendra Anandu Kolambkar (Brother 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 10th October, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the deceased died as spinster. The deceased had two brothers and had no sisters and according to the best knowledge of the Petitioner the whereabouts of Rajendra Anandu Kolambkar is not known to him. He, therefore, prayed for permission to publish the Citation by way of substituted service in two local newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e.

Marathi.

..2/-

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

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 the deceased died as spinster and deceased had two brothers and had no sisters and according to the best knowledge of the Petitioner the whereabouts of Rajendra Anandu Kolambkar is not known to him. He, therefore, prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 10th October, 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 10.12.2024