Ratnaprabha Vithalrao Bagwe v. Vithalrao Alias Vithal Tukaram Bagwe

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 9th April, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

1. CHOL/ 40/2026 AMH20240130146C20250 ) ) ) Ms. Pranali Misal i/by Shri Khushal Jadhavar, Advocate for the Applicant / Petitioner.

IN TP /3423/2025 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon (1) Ujwala Bagwe Oka, (2) Uma Ashish Bagwe, (3) Vrushali Keyur Bagwe and (4) Smita Bagwe Sarit, Granddaughters of the deceased, by way of substituted service as per schedule annexed to the Chamber Order.

2.

Perused the schedule. The Applicant applies for publication of citation in two newspapers viz. "Free Press Journal" in English Language and in "Dainik Navshakti" in vernacular language i.e. Marathi, widely circulated in Mumbai. 3.

Perused the affidavit in support and additional affidavit. The Applicant has stated in the affidavit that, the whereabouts of the granddaughters of the deceased are not known to the Applicants. It is further stated that, the Applicants have tried to search and locate the abovenamed granddaughters of the deceased and inquiry with the neighbours and nearby known persons but Applicant did not get any information. It is further stated that the additional affidavit that, Mohan Vitthal Bagwe, son of the deceased expired and the citation sent to widow of the deceased were

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returned unserved with remark unclaimed. It is further stated that, after the marriage of the abovenamed legal heirs "Left the House" and never came back and not contact with the Applicants and therefore they could not locate their address and whereabouts. The Applicant, therefore, requested to permit her to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Dainik Navshakti" in vernacular language i.e. Marathi widely circulated in Mumbai.

4.

Heard. Ld. Advocate for the Applicant submits that, the whereabouts of the granddaughters of the deceased are not known to the Applicants. She further submits that, the Applicants have tried to search and locate the abovenamed granddaughters of the deceased and inquiry with the neighbours and nearby known persons but Applicant did not get any information. She further submits that, the additional affidavit that, Mohan Vitthal Bagwe, son of the deceased expired and the citation sent to widow of the deceased were returned unserved with remark unclaimed. She further submits that, after the marriage of the abovenamed legal heirs "Left the House" and never came back and not contact with the Applicants and therefore they could not locate their address and whereabouts. She, therefore, prays that, the Chamber Order be allowed.

5.

Perused para 4 of the Petition. For the reasons mentioned in the affidavit in support the Chamber Order is allowed. Applicant to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Dainik Navshakti" in vernacular language i.e. Marathi, widely circulated in Mumbai, by way of substituted service of citation upon (1) Ujwala Bagwe Oka,

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(2) Um Ashish Bagwe, (3) Vrushali Keyur Bagwe and (4) Smita Bagwe Sarit, Granddaughters of the deceased within four weeks from the date of uploading this Order. Applicant to file the affidavit of publication once the citation is published within two weeks thereafter.

6.

Registry is directed to issue fresh citation, if required. 09.04.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk