Dattatray Sitaram Sakpal And ANR v. Gopal Sitaram Sakpal Deceased

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

4. CHOL/235/2025 In TP/3258/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Saili Patre, Advocate for the Petitioner. P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Smt. Malti Luxman Raokar, married sister 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 Nav Shakti in Vernacular Language (Marathi).

3.

Perused the Affidavit dated 04.04.2025 It is stated in the Affidavit that the citation sent for service upon Malti Luxman Raokar was returned by the postal remark 'insufficient address'. The bailiff from the Sheriff of Bombay had also filed an Affidavit dated 27.03.2025 to that effect and the same is annexed as Exhibit - 'A' to the Affidavit. It is further stated in the Affidavit that the applicant had made enquiries with friends relatives and neighbours but could not locate her new address. The Applicant, therefore, requested to permit him to publish the Citation upon Malti Luxman Raokar, married daughter of the deceased by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Nav Shakti" in Vernacular Language (Marathi).

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 4.

Perused Para-4 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 citation sent for service upon Malti Luxman Raokar was returned by the postal remark 'insufficient address'. The bailiff from the Sheriff of Bombay had also filed an Affidavit dated 23.03.2025 to that effect. She, therefore, prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit in support annexed to the Chamber order and averment made in Para - 4 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 "Navshakti" 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 17.06.2025