Sujay Nadkarni v. Uday Nadkarni

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 04th February, 2025 CALLED FOR DIRECTION:

1.CHOL/586/2024 AMH20230048305C202400011 In TP/521/2024 Ms. Namita M. Mestry, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Rahul Niranjan Golikeri (Nephew 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. "Indian Express (Jaipur)" in English Language and in "Danik Navjyoti (Kota)" in vernacular language i.e. Hindi.

3.

Perused the Affidavit dated 26th November, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the deceased died as issueless and the widow of the deceased and also Ex-wife expired on 16th February, 2020. It is further stated that one of the Class-II legal heir viz. Rahul Niranjan Golikeri (Nephew of the deceased), who lives in Kota in the State of Rajasthan. The Applicant / petitioner has further stated that his address is not known to him and hence he is unable to serve Citation upon him. In the Affidavit in Reply, the Applicant has stated that the said nephew of the deceased is settled in the City of Kota and he himself severed all ties with the family ..2/-

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member of the deceased since then. He has further stated that he does not have any acquittance in Kota and unable to get any relevant information about his current whereabouts. The Applicant therefore requested to permit him to publish the Citation in two newspapers viz. (1) "Indian Express" at Jaipur in English and (2) "Danik Navjyoti" at Kota in Hindi language, by way of substituted service upon Rahul Niranjan Golikeri (Nephew of the deceased).

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 issueless and the widow of the deceased and also Ex-wife expired on 16th February, 2020. She further submits that one of the Class-II legal heir viz. Rahul Niranjan Golikeri (Nephew of the deceased), who lives in Kota in the State of Rajasthan and his address is not known to the Applicant and hence Applicant is unable to serve Citation upon him. She further submits that the said nephew of the deceased is settled in the City of Kota and he himself severed all ties with the family member of the deceased since then and the whereabouts of the said legal heirs is not known to the Applicant / Petitioner. She further submits that the Applicant / Petitioner be permitted to publish the Citation in two newspapers viz. (1) "Indian Express" at Jaipur in English and (2) "Danik Navjyoti" at Kota in Hindi language, by way of substituted service upon Rahul Niranjan Golikeri (Nephew of the deceased). She therefore prays that the Chamber Order be allowed. 6.

For the reasons stated in Affidavit dated ..3/-

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26th November, 2024 annexed to the Chamber order and averment made in Para-8 of the Petition, the Chamber Order is allowed. The Applicant is directed to publish the Citation in two newspapers viz. (1) "Indian Express" at Jaipur in English and (2) "Danik Navjyoti" at Kota in Hindi 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 04.02.2025