Vishwanath Tukaram Katkar v. Jeevan Vithoba Katkar

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 26th March, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

3. CHOL/ 96/2026 AMH20230040576C20250 ) ) ) Shri Sachin Kannaujiya and Shri Nixon George, Advocate for the Applicant / Petitioner.

IN TP /2390/2025 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon Jhankabai Katkar, daughter and legal heir 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. "Business Standard" in English Language and in "Aapla Mahanagar" in vernacular language i.e. Marathi, widely circulated in Mumbai. 3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, the citation sent for service upon Jhankabai Katkar through Bailiff could not be served as the said legal heir was not present at the address and the bailiff has filed affidavit in service dated 31st July, 2025. The Applicant, therefore, requested to permit him to publish the citation in two newspapers viz. "Business Standard" in English Language and in "Aapla Mahanager" in vernacular language i.e. Marathi, widely circulated in Mumbai.

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4.

Heard. Ld. Advocate for the Applicant submits that, the citation sent for service upon Jhankabai Katkar through Bailiff could not be served as the said legal heir was not present at the address and the bailiff has filed an affidavit in service dated 31st July, 2025. He further submits that the Bailiff has annexed his report to his affidavit of service and reported that, Jhankabai Katkar was not found at the address and upon making enquiry it was informed that, the said legal heir is not residing there and they do not know any details of Jhankabai Katkar. He, therefore, prays that, the Chamber Order be allowed.

5.

Perused para 7 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. "Business Standard" in English Language and in "Aapla Mahanagar" in vernacular language i.e. Marathi, widely circulated in Mumbai, by way of substituted service of citation upon Jhankabai Katkar, daughter and legal heir 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. 26.03.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk