Chandrabhushan Yashwant Shukla v. Chhaya Vishram Rane

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th December, 2024 CALLED FOR DIRECTION:

7.CHOL/560/2024 In TP/1598/2023 Ms. Pratibha Tiwari i/b. R V and Co., Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon (1) Rashmi Sundheer Malvankar nee Rashmi Vishram Rane and (2) Pallavi Mangesh Khot nee Pallavi Vishram Rane, Daughters 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 "Nav Shakti" in vernacular language i.e. Marathi.

3.

Perused the Affidavit dated 5th April, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the Citation was sent for service upon

(1) Rashmi Sundheer Malvankar nee Rashmi Vishram Rane and (2) Pallavi Mangesh Khot nee Pallavi Vishram Rane, Daughters of the deceased at their last known address through the Sheriff of Bombay through RPAD but the same was returned by the Postal Authorities with remark "Unclaimed" and "Insufficient Address" respectively. The Applicant therefore requested to permit him to ..2/-

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publish the Citation upon the said legal heirs by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Lok Shakti" 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 last known addresses. 5.

Heard. The Ld. Advocate for the Applicant submits that the Citation was sent for service upon

(1) Rashmi Sundheer Malvankar nee Rashmi Vishram Rane and (2) Pallavi Mangesh Khot nee Pallavi Vishram Rane, Daughters of the deceased at their last known address through the Sheriff of Bombay through RPAD but the same was returned by the Postal Authorities with remark "Unclaimed" and "Insufficient Address" respectively. The Ld. Advocate for the Applicant further submits that in the Affidavit in Support the name of the Marathi newspaper is incorrectly written as "Lok Shakti" instead of "Nav Shakti". She further submits that the Applicant be permitted to publish the Citation in the newspapers "Nav Shakti" in Marathi language instead of "Lok Shakti". She, therefore, prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 5th April, 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 ..3/-

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newspapers viz. (1) "Free Press Journal" in English and (2) "Nav Shakti" 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 12.12.2024