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Bombay High CourtCHOL/81/2025disposed off

Ravindra Digambar Dewoolkar v. Late Maruti Bhau Kamble Alias Maruti Bhawoo Kambale

2025-02-18E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 18th February, 2025 CALLED FOR DIRECTION:

3.CHOL/81/2025 AMH20240007201C202500002 In TP/482/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Akshata Kadam i/b. Ms. Shobhana Waghmare, 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 "Nav Shakti" in vernacular language i.e. Marathi.

3.

Perused the Affidavit dated 11th February, 2025 annexed to Chamber Order. 14 ptIt is stated in the said Affidavit that the Applicant / Petitioner is not aware of the whereabouts of the wife and children of the deceased or any other Class -I or Class-II Legal Heirs of the deceased or their whereabouts hence has not mentioned the details herein of such legal heirs of the deceased. It is further stated that the Applicant / Petitioner tried to search the whereabouts of the legal heirs of the said deceased at the last known address but could not trace out the family members of the deceased. The Applicant therefore requested to permit her to publish the Citation upon all concerned by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Nav Shakti" in vernacular language i.e. Marathi.

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

4.

Perused Para-10 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 Applicant / Petitioner is not aware of the whereabouts of the wife and children of the deceased or any other Class -I or Class-II Legal Heirs of the deceased or their whereabouts hence has not mentioned the details herein of such legal heirs of the deceased and the Applicant / Petitioner tried to search the whereabouts of the legal heirs of the said deceased at the last known address but could not trace out the family members of the deceased. She therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 11th February, 2025 annexed to the Chamber order and averment made in Para-10 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) "Nav Shakti" 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 18.02.2025