Sulakshana Matthew Kuttikar Sulakshana Eknath Waikar v. Eknath Sitaram Waikar

ssd Before: E.B. SIVAKUMAR Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 25th March, 2025 CALLED FOR DIRECTION:

(AMH20210049374C20250 0014) Ms. Shweta Jadhav, Advocate i/b. Vaibhav Kadam for Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Krushnakant Eknath Waikar, 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 "Free Press Journal" in English Language and "Navshakti" in vernacular language in Marathi.

3.

Perused the Affidavit dated 6th February 2025 annexed to Chamber Order.

It is stated in the Affidavit that the Citation was sent for service upon the legal heirs on the 30th of August, 2024 through the bailiff. It is further stated that the Bailiff has filed an Affidavit of service dated 04.08.2024, in respect of the service of Citation upon the said Mr. Krushnakant Eknath Waikar. The said affidavit of service is annexed to the Affidavit in support of the Chamber Order. It is further submitted that the Bailiff in his

report has reported that the premises was found to be locked and unoccupied at the time of service, and upon making further inquiries with a neighbour residing on the 1st floor of the same building, as well as with the security personnel of the building, the Bailiff was informed that Mr.

Krushnakant Eknath Waikar had been residing at the mentioned premises on a rental basis, but had vacated the property approximately three months prior to the attempted service. The neighbour and security of building further confirmed that they were unaware of Mr. Krushnakant Eknath Waikar's current whereabouts or any information regarding his new address.

The Applicant, therefore requested to permit her to publish the Citation in the Newspapers viz. "Free Press Journal" in English language and in "Navshakti" in vernacular language i.e.

Marathi.

Contd.. ..2/- 4.

Perused Para-9 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 that the Citation was sent for service upon the legal heirs on the 30th of August, 2024 through the bailiff. It is further stated that the Bailiff has filed an Affidavit of service dated 04.08.2024, in

respect of the service of Citation upon the said Mr. Krushnakant Eknath Waikar. The said affidavit of service is annexed to the Affidavit in support of the Chamber Order.

It is further submitted that the Bailiff in his report has reported that the premises was found locked and unoccupied at the time of service, and upon making further inquiries with a neighbour residing on the 1st floor of the same building, as well as with the security personnel of the building, and the Bailiff was informed that Mr.

Krushnakant Eknath Waikar had been residing at the mentioned premises on a rental basis, but had vacated the property approximately three months prior to the attempted service. The ld Advocate further submits that the neighbour and security of building further confirmed that they were unaware of Mr. Krushnakant Eknath Waikar's current whereabouts or any information regarding his new address.

He, therefore, prays that the Chamber Order be allowed.

Contd.. ..3/- 6.

For the reasons stated in Affidavit dated 6th February 2025 annexed to the Chamber order and averment made in Para9 of the Petition, the Chamber Order is allowed. The Applicant is directed to publish the Citation in two newspapers viz.

"Free Press Journal" in English Newspaper and in "Navshakti" in Marathi Newspaper within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.

Contd.. ..4/-

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 25.03.2025