Kishor Dattatray Kadam v. Chandrabhaga Dattatraya Devkar

ary Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 24th July, 2025 CALLED FOR DIRECTION:

4. CHOL/205/2025 In TP/5260/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Anthony Fernandes i/b Waquar Ahmad, Advocate for the Applicant/Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Shreerang Dattatray Devkar (Son), Bhagwan Dattatray Devkar (Son), Shukuntain Dattatray Kapave (Married Daughter) and Sushila Tulsiram Taware (Married Daughter) by way of substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Applicant/Petitioner is seeking permission to publish the Citation in two newspapers viz. "Free Press Journal" in English Language and in "Mumbai Lakshadeep" newspaper in vernacular language (Marathi).

3.

Perused the Affidavit in support dated 21.03.2025 and Additional Affidavit dated 19.07.2025. It is stated in the Affidavit in support that the addresses of the legal heirs of the deceased viz. Shreerang Dattatray Devkar (Son), Bhagwan Dattatray Devkar (Son), Shukuntain Dattatray Kapave (Married Daughter) and Sushila Tulsiram Taware (Married Daughter) are not known to the Applicant. It is also stated in the Additional Affidavit that the applicant had made enquires with relatives and friends but the addresses of the above named legal heirs are not known to any one. The Applicant, therefore, requested to permit him to publish the Citation upon Shreerang Dattatray Devkar (Son), Bhagwan Dattatray Devkar (Son), Shukuntain Dattatray Kapave (Married

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Daughter) and Sushila Tulsiram Taware (Married Daughter) by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Mumbai Lakshadeep" newspaper in vernacular language (Marathi).

4.

Perused Para-8 of the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the whereabout is not known to the Petitioner. 5.

Heard. The Ld. Advocate for the Applicant submits that the addresses of the legal heirs of the deceased viz. Shreerang Dattatray Devkar (Son), Bhagwan Dattatray Devkar (Son), Shukuntain Dattatray Kapave (Married Daughter) and Sushila Tulsiram Taware (Married Daughter) are not known to the Applicant. He further submits that he made enquires with relatives and friends but the addresses of the above named legal heirs are not known to any one. He, therefore, prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit in support and Additional Affidavit annexed to the Chamber order and averment made in Para - 8 of the Petition, the present Chamber order is granted, and the same is signed separately. Publication of Citation to be done in two newspapers viz. (1) "Free Press Journal" in English and

(2) "in "Mumbai Lakshadeep" newspaper in vernacular language (Marathi), 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 24.07.2025