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Bombay High CourtCHOL/224/2025disposed off

Jagdish Ramkrishna Shetty v. Vimala Ramkrishna Alias Ramkrishan Shetty Alias Vimala R Shetty Alias Vimla Ramkrishna

2025-06-17E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

ary Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 17th June, 2025 CALLED FOR DIRECTION:

3. CHOL/224/2025 In TP/6004/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Shraddha Jadhav i/b Hemen S. Thakkar, Advocate for the Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Suresh Ramkrishna Shetty, 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 two newspapers viz. "Free Press Journal" in English Language and in "Hamara Mahanagar" in Vernacular Language (Hindi). 3.

Perused the Affidavit dated 07.04.2025 and Additional Affidavit dated 19.05.2025. It is stated in the Affidavit that the husband and parents of the husband of the deceased have predeceased the deceased. Deceased died as widow. It is stated in the Additional Affidavit that the applicant had made further enquiry with the common friend and relatives regarding present address and whereabouts of Suresh Ramkrishna Shetty son of the deceased but unable to find out the present address and whereabouts of the said Suresh Ramkrishna Shetty. The Applicant, therefore, requested to permit him to publish the Citation upon Suresh Ramkrishna Shetty, son of the deceased, by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Hamara Mahanagar" in Vernacular Language (Hindi).

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 husband and parents of the husband of the deceased have predeceased the deceased. Deceased died as widow. She further submits that the applicant had made further enquiry with the common friend and relatives regarding present address and whereabouts of Suresh Ramkrishna Shetty son of the deceased but unable to find out the present address and whereabouts of the said Suresh Ramkrishna Shetty. The Ld. Advocate further submits that the deceased in his Will also mentioned that Mr. Suresh Ramkrishna Shetty son of the deceased travels frequently for work purpose and since last more than three years he left the house and his whereaboutswas not known to the deceased. She, 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. Publication of Citation to be done in two newspapers viz. (1) "Free Press Journal" in English and (2) in "Hamara Mahanagar" in Vernacular Language (Hindi), 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 17.06.2025