Sapana Bhimrao Lokhande v. Sushila Babu Kamble

ary Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th June, 2025 CALLED FOR DIRECTION:

5. CHOL/245/2025 In TP/945/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Anand L. Tiwari, Advocate for the Applicant/ Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon all concerned 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" Newspaper in vernacular (Marathi) Language.

3.

Perused the Affidavit in support dated 24.04.2025. It is stated in the Affidavit in support that the legal hiers of the deceaed are not known to the Applicant/Petitioner. The applicant has further stated that the Petitioner tried to search the whereabouts of the legal heirs of Husband of the Deceased, from her relative and Family Friends, but despite due and diligent search, the Petitioner could not find the same. The Applicant, therefore, requested to permit him to publish the Citation upon Mr. Mohammed Aziz Mehboob Khan (brother of the deceased) by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" Newspaper in vernacular (Marathi) Language.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 parents and husband of the deceased predeceased the deceased and the deceased died as issueless. He further submits that the legal heirs of the deceased are not known to the Applicant/Petitioner. He further submits that the Petitioner tried to search the whereabouts of the heirs of Husband of the Deceased, from her relative and Family Friends, but despite due and diligent search, the Petitioner could not find the same. He, 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-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) "Navshakti"

Newspaper in vernacular (Marathi) Language, 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 12.06.2025