Sunil Narayan Agnihotri v. Sheela Narayan Agnihotri (Deceased)

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 26th June, 2025 CALLED FOR DIRECTION:

8.CHOL/262/2025 AMH20240132030C202500001 In TP/5012/2024 Ms. Revathi Keshawa i/b. Law Point, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon (i) Mr. Sham N Agnihotri (Son of the deceased), (ii) Mr. Anil Narayan Agnihotri (Son of the deceased), (iii) Neha Panditrao nee Ms. Deepali Navindra Panditrao (Grand Daughter of the deceased), (iv) Mr. Chetan Avinash Agnihotri [Son of Deceased Avinash Narayan Agnihotri] (Grandson of the deceased) and (v) Suhasini Joshi nee Suhasini Avinash Agnihotri (Grand Daughter 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 three newspapers viz. "Free Press Journal" in English Language and in "Navshakti" newspapers in vernacular language for State of Maharashtra and "Pudhari" local newspapers for Sangli region in vernacular language.

3.

Perused the Affidavit dated 11th April, 2025 annexed to Chamber Order. It is stated in the said Affidavit that Smt. Smita Mulekar nee Vijaya Agnihotri has expired on 18th February, 2017 and Avinash Agnihotri, Son of the deceased died on 3rd August, 2023. The Applicant has ..2/-

: 2 :

further stated that the Citations sent for service upon the non-consenting legal heirs of the deceased viz. (i) Mr. Sham N Agnihotri (Son of the deceased), (ii) Mr. Anil Narayan Agnihotri (Son of the deceased), (iii) Neha Panditrao nee Ms. Deepali Navindra Panditrao (Grand Daughter of the deceased), (iv) Mr. Chetan Avinash Agnihotri [Son of Deceased Avinash Narayan Agnihotri] (Grandson of the deceased) and (v) Suhasini Joshi nee Suhasini Avinash Agnihotri (Grand Daughter of the deceased), have been returned by the Postal Authorities. The Affidavit of Service dated 20th March, 2025 is annexed at Exhibit - "A" to the Affidavit. The Applicant therefore requested to permit him to publish the Citation by way of substituted service by publishing in three newspapers viz. "Free Press Journal" in English Language and in "Navshakti" newspapers in vernacular language for State of Maharashtra and "Pudhari" local newspapers for Sangli region in vernacular language. 4.

Perused Para-9 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. 5.

Heard. The Ld. Advocate for the Applicant submits that Smt. Smita Mulekar nee Vijaya Agnihotri has expired on 18th February, 2017 and Avinash Agnihotri, Son of the deceased died on 3rd August, 2023 and she further submits that the Citations sent for service upon the above named non-consenting legal heirs of the deceased, have been returned by the Postal Authorities and Affidavit of Service is also filed to that effect. She, therefore, prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 11th April, 2025 annexed to the Chamber order and averment made in ..3/-

: 3 :

Para-9 of the Petition, the Chamber Order is allowed. The Applicant is directed to publish the Citation in three newspapers viz. (1) "Free Press Journal" in English and in "Navshakti" newspapers in vernacular language for State of Maharashtra and "Pudhari" local newspapers for Sangli region in vernacular 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 26.06.2025