Simmi Kunal Sharma v. Mohini Madhu Madikeshwar Alias Mohini Madikeshwar Alias Mohini M Madikeshwar

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

4.CHOL/54/2025 AMH20240129126C202500001 In TP/3608/2024 Mr. Mangesh Kokare, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Mr. Madhu Madikeshwar (Husband 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 17th January, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the deceased died issueless and the Mr. Madhu Madikeshwar (Husband of the deceased) has left the said deceased and marry to another woman and his present whereabouts is not known to the Applicant / Petitioner. It is further stated that the Citation was sent for service upon him through the Sheriff of Bombay by RPAD and the same was returned by the Postal Authorities with a remark "Addressee left". The Bailiff of Sheriff of Bombay had filed an Affidavit of Service dated 11th October, 2024. ..2/-

: 2 :

The same is at Exhibit - 'A' to the Affidavit in Support. The Applicant has further stated that she had made all efforts to search to find out the present and / or alternate address and whereabouts of the Husband of the deceased but could not find the same. It is further stated that the Applicant had made enquiries and diligent search with the friends and relatives but could find out his whereabouts. The Applicant therefore requested to permit her to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and

(2) "Navshakti" in Marathi language, by way of substituted service upon Mr. Madhu Madikeshwar (Husband of the deceased).

4.

Perused Para-11 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 issueless and the Mr. Madhu Madikeshwar (Husband of the deceased) has left the said deceased and marry to another woman and his present whereabouts is not known to the Applicant / Petitioner. He further submits that the Citation was sent for service upon him through the Sheriff of Bombay by RPAD and the same was returned by the Postal Authorities with a remark "Addressee left" and the Bailiff of Sheriff of Bombay had filed an Affidavit of Service dated 11th October, 2024 and the same is at Exhibit - 'A' to the Affidavit in Support. He further submits that the Applicant / Petitioner be permitted to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) "Navshakti" in ..3/-

: 3 :

Marathi language, by way of substituted service upon Mr. Madhu Madikeshwar (Husband of the deceased). He therefore prays that the Chamber Order be allowed. 6.

For the reasons stated in Affidavit dated 17th January, 2025 annexed to the Chamber order and averment made in Para-11 of the Petition, the Chamber Order is allowed. The Applicant is directed to publish the Citation 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 04.02.2025