Nikhil Gajanan Shigwan v. Anusaya Ganpat Shigwan Alias Shigvan Alias Anusaya

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 18th June, 2025 CALLED FOR DIRECTION:

5.CHOL/266/2025 AMH20230015769C202500022 In TP/5467/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Deepak Pandey, Advocate for the Applicant / Petitioner. P. C. :

1. The present Chamber Order is taken out to serve the Citation upon the legal heir of Ashok Ganpat Shigwan (Unmarried Son of 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 "Navshakti" in vernacular language i.e. Marathi.

3.

Perused the Affidavit dated 8th April, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the present whereabouts of the legal heir of Ashok Ganpat Shigwan (Unmarried Son of deceased) is not known to the Applicant and the Applicant has tried to locate the whereabouts from his relatives, family members, friends and neighbour but inspite of his efforts he not hear from anyone. A copy of the Bailiff report dated 16th January, 2025 is annexed at Annexure - "A" to the Affidavit in Support. It is reported by the Bailiff that the premises has already demolished and found one new building and after making enquiry of the Security Guard of the building that he does not know the present address of the above named legal heir. The Applicant therefore requested to permit him to publish the Citation upon legal heir Ashok Ganpat Shigwan (Unmarried Son of deceased) by way of substituted service by publishing ..2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :

in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi.

4.

Perused Para-3 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 present whereabouts of the legal heir of Ashok Ganpat Shigwan (Unmarried Son of deceased) is not known to the Applicant and the Applicant has tried to locate the whereabouts from his relatives, family members, friends and neighbour but inspite of his efforts he not hear from anyone. He further submits that the Bailiff has reported that the premises has already demolished and found one new building and after making enquiry of the Security Guard of the building that he does not know the present address of the above named legal heir. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 8th April, 2025 annexed to the Chamber order and averment made in Para-3 of the Petition, the Chamber Order is allowed. The Applicant is directed to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) "Navshakti" in 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 18.06.2025