Mahendra Madhusudan Shirodkar v. Malini Madhusudan Shirodkar

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 20th February, 2025 CALLED FOR DIRECTION:

2.CHOL/79/2025 AMH20240001442C202500009 In TP/5563/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Sagar Sabale i/b. Mr. Shivaji R. Nirmale, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Mr. Moreshwar (Mahesh) Madhusudan Shirodkar (son 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 26th December, 2024 and Additional Affidavit dated 15th February, 2025 in support of the Chamber Order. It is stated in the said Affidavit in Support that the address and whereabouts of Mr. Moreshwar (Mahesh) Madhusudan Shirodkar (son of the deceased) is not known to the Applicant / Petitioner. It is stated in the Additional Affidavit that Mr. Moreshwar (Mahesh) Madhusudan Shirodkar, Son of the deceased is left the home before about 25 years ago and the deceased above named mentioned in her last Will and Testament that "he is leaving separately last 13 years". The Applicant/ Petitioner has further stated that the Applicant/ Petitioner had tried to find out his address, and also enquired with friends and relative but could not find the address. The Applicant therefore requested to permit him to publish the Citation upon Mr. Moreshwar (Mahesh) Madhusudan ..2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :

Shirodkar, the son 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-7 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 address and whereabouts of Mr. Moreshwar (Mahesh) Madhusudan Shirodkar (son of the deceased) is not known to the Applicant / Petitioner and the said son has left the home before about 25 years ago and the deceased above named also mentioned in her last Will and Testament that "he is leaving separately last 13 years". He further submits that the Applicant/ Petitioner had tried to find out his address, and also enquired with friends and relatives but could not find the address. He therefore prays that the Chamber Order be allowed. 6.

For the reasons stated in Affidavit dated 26th December, 2024 annexed to the Chamber order and averment made in Para-7 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 20.02.2025