Nilesh Hemant Mahajan v. Meena Mukund Devrukhkar

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

9.CHOL/550/2024 In TP/204/2020 Mr. Jayant Arjun Wani, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon legal heirs of Mr. Prakash Janardan Pawaskar, 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 15th October, 2024 annexed to Chamber Order. In the said Affidavit, it is stated that the deceased died as issueless. The husband of the deceased had no brother and sister as well as no heirs from her husband side. It is further stated that her brother Mr. Prakash Janardan Pawaskar, whose whereabouts are not known as the citation sent for service upon him returned unserved with a remark "the Addressee was not found". It is further stated that the Bailiff had filed an Affidavit of Service dated 17th January, 2024. The Applicant has further ..2/-

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stated that upon making enquiry with neighbours and the security guard of the said society, who had informed that the said building is went for redevelopment and they do not know the whereabouts of the brother of the deceased. The Applicant therefore prayed for publication of Citation by way of substituted service upon the said brother of the deceased.

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 Petitioners.

5.

Heard. The Ld. Advocate for the Applicant submits that the deceased died as issueless. The husband of the deceased had no brother and sister as well as no heirs from her husband side. He further submits that her brother Mr. Prakash Janardan Pawaskar, whose whereabouts are not known as the citation sent for service upon him returned unserved with a remark "the Addressee was not found" and the Bailiff had filed an Affidavit of Service dated 17th January, 2024. He further submits that upon making enquiry with neighbours and the security guard of the said society, who had informed that the said building is went for redevelopment and they do not know the whereabouts of the brother of the deceased. He therefore prays that the Chamber Order be allowed.

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6.

For the reasons stated in Affidavit dated 15th October, 2024 annexed to the Chamber order and averment made in Para-9 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