Kirtana Kunal Salaskar v. Ramchandra Alias Bal Krishna Salaskar

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 07th January, 2025 CALLED FOR DIRECTION:

5.CHOL/578/2024 In TP/1196/2024 Mr. Rajai T. Yadav, Advocate for the Applicant / Petitioner. P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Sukhada Mohan Mithagri (Married Daughter 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 7th October, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the Citation was sent for service upon Sukhada Mohan Mithagri (Married Daughter of the deceased) at her address through the Bailiff of Sheriff of Bombay but the same was returned and reported that Smt. Sukhada Mohan Mithagri was not available at her residential address and it was informed to the Bailiff that she had left the premises four years ago. The Bailiff's Affidavit of Service dated 13th September, 2024 is annexed to the Affidavit in Support. The Applicant has further stated that she had tried to search the whereabouts of Sukhada Mohan Mithagri, Daughter of the deceased through family, friends and relatives but despite due and diligent search she could not hear about her ..2/-

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from anyone. The Applicant therefore requested to permit her to publish the Citation upon Sukhada Mohan Mithagri (Married Daughter of the deceased) by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi.

4.

Perused Para-5 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 Citation was sent for service upon Sukhada Mohan Mithagri (Married Daughter of the deceased) at her address through the Bailiff of Sheriff of Bombay but the same was returned and reported that Smt. Sukhada Mohan Mithagri was not available at her residential address and it was informed to the Bailiff that she had left the premises four years ago. He further submits that the Applicant had tried to search the whereabouts of Sukhada Mohan Mithagri, Daughter of the deceased through family, friends and relatives but despite due and diligent search she could not hear about her from anyone. He therefore submits that the Applicant is not aware of the whereabouts of the said Sukhada Mohan Mithagri. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 7th October, 2024 annexed to the Chamber order and averment made in Para-5 of the Petition, the Chamber Order is allowed. The Applicant is directed to publish the Citation in two newspapers ..3/-

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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 07.01.2025