Mayuri Sayaji Shelar v. Upendra Prabhakar Gadkary (Deceased)

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 06th February, 2025 CALLED FOR DIRECTION:

6.CHOL/67/2025 AMH20230039594C202500002 In TP/2191/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Anand Tiwari i/b. Mr. Ganesh N. Dhonde, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon all concerned 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 31st July, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the deceased died as issueless and the parents and widow of the deceased predeceased the deceased. It is further stated that the Applicant /Petitioner is not aware of the legal heirs of the deceased as specified in Class-II Entry of the Schedule to Section-8 of the Hindu Succession Act and also agnates and cognates, if any. The Applicant / Petitioner had tried to search the whereabouts of the said legal heirs of the deceased from friends, family and relatives of the deceased but despite due and diligent search the applicant / Petitioner could not find the same. 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, upon all concerned.

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4.

Perused Para-6 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 parents and widow of the deceased predeceased the deceased and the Applicant /Petitioner is not aware of the legal heirs of the deceased as specified in Class-II Entry of the Schedule to Section-8 of the Hindu Succession Act and also agnates and cognates, if any. He further submits that the Applicant / Petitioner had tried to search the whereabouts of the said legal heirs of the deceased from friends, family and relatives of the deceased but despite due and diligent search the applicant / Petitioner could not find the same. The Ld. Advocate further submits that the Petitioner be permitted to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) "Navshakti" in Marathi language, upon all concerned. He, therefore, prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 31st July, 2024 annexed to the Chamber order and averment made in Para-6 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 06.02.2025