Milind Baliram Zele v. Milind Baliram Zele

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 30th April, 2025 CALLED FOR DIRECTION:

2.CHOL/203/2025 In TP/1085/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. B. G. Saraf, Advocate for the Applicant / Petitioner. P. C. :

1.

The present Chamber Order is taken out to serve the Citation upon Jayant Shankar Desai, husband of the Diseased 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 support dated 4th February 2025. It is stated in the said Affidavit that the citation was sent for service upon Jayant Shankar Desai, husband of the deceased through the Sheriff of Bombay but the same was returned by the postal authorities with a remark "Left". The Bailiff of Sheriff of Bombay has filed an affidavit of service dated 31st January 2025, which is at Exhibit "A" to the affidavit in support. The applicant has requested to permit him to publish the citation in two Newspapers viz. "Free Press Journal" in English language and "Navshakti" in Marathi language as per the Schedule annexed to the Chamber order. 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. ..2/-

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

5.

Heard. The Ld. Advocate for the Applicant submits that the citation was sent for service upon Jayant Shankar Desai, husband of the deceased through the Sheriff of Bombay but the same was returned by the postal authorities with a remark "Left" and the Bailiff of Sheriff of Bombay has filed an affidavit of service dated 31st January 2025. He therefore prays that the Chamber Order be allowed. 6.

For the reasons stated in Affidavit dated 4th February 2025 annexed to the Chamber order and averment made in Para-8 of the Petition, the Chamber Order is allowed and the same is signed separately. 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 six 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 30.04.2025