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Bombay High CourtCHOL/135/2025disposed off

Madhuri Ajit Ambrale v. Pushpalata Balkrishna Bane

2025-03-20E.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 : 20th March, 2025 CALLED FOR DIRECTION:

4.CHOL/135/2025 AMH20230025733C202500001 In TP/5956/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Ravindra S. Khilare, Advocate for the Applicants / Petitioners.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon (1) Madhukar Balkrishna Bane (Brother of the deceased) and (2) Chandrakant Balkrishna Bane (Brother of the deceased) by way of substituted service as per the Schedule annexed to the Chamber Order. 2.

Perused Schedule. The Petitioners are 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 3rd March, 2025 annexed to Chamber Order. It is stated in the said Affidavit that Ajit Bajirao Ambrale, the Original Petitioner passed away on 10th January, 2024 and by an order dated 5th September, 2024, the Applicants, who are the legal representative of the Original Petitioner were brought on record. The Applicants further stated that they are not aware of the address of the (1) Madhukar Balkrishna Bane (Brother of the deceased) and (2) Chandrakant Balkrishna Bane (Brother of the deceased). The Applicants therefore requested to permit them to publish the Citation upon (1) Madhukar Balkrishna Bane (Brother of the deceased) and

(2) Chandrakant Balkrishna Bane (Brother of the deceased) by way of substituted service by publishing in ..2/-

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

two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi.

4.

Perused Para-8 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 Applicants submits that the Petition was filed by Ajit Bajirao Ambrale, the Original Petitioner passed away on 10th January, 2024 and by an order dated 5th September, 2024. He further submits that the Applicants, who are the legal representative of the Original Petitioner were brought on record and the Applicants are not aware of the address of the brothers of the deceased. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 3rd March, 2025 annexed to the Chamber order and averment made in Para-8 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 20.03.2025