Vivek Chandrahas Shetty v. Kunda Avinash Gupte Deceased

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

11.CHOL/286/2025 AMH20230034394C202500022 In TP/2313/2024 Mr. Ajay Dubey a/w. Mr. Vishal Sheth, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon all Concern, and Suhasini Chandrahas Shetty (Niece of the deceased), Vaijanti (Niece of the deceased), Vishwanath (Nephew of the deceased), Milin Karkanis (Nephew of the deceased), Prag Karkanis (Nephew of the deceased), Priya Karkanis (Niece of the deceased), Amit Karkanis (Nephew 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 Bharat" in vernacular language i.e. Hindi.

3.

Perused the Affidavit dated 10th April, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the parents of the deceased pre-deceased the deceased and brothers of the deceased are also deceased and their children have permanently settled elsewhere and their whereabouts is not known to the Petitioner. The Applicant has further stated that he had made diligent search for getting address for knowing heirs and relatives but none have been found. The Applicant therefore ..2/-

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requested to permit him to publish the Citation upon all Concern, and Suhasini Chandrahas Shetty (Niece of the deceased), Vaijanti (Niece of the deceased), Vishwanath (Nephew of the deceased), Milin Karkanis (Nephew of the deceased), Prag Karkanis (Nephew of the deceased), Priya Karkanis (Niece of the deceased), Amit Karkanis (Nephew of the deceased) by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Nav Bharat" in vernacular language i.e. Hindi.

4.

Perused Para-3A 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 the parents of the deceased pre-deceased the deceased and brothers of the deceased are also deceased and their children have permanently settled elsewhere and their whereabouts is not known to the Petitioner. He further submits that the Applicant had made diligent search for getting address for knowing heirs and relatives but none have been found. The Ld. Advocate further submits that name of the newspaper is incorrectly written in the Schedule and the Affidavit in Support to the Chamber Order as "Nav Bharat" in Hindi language instead of "Navashakti" in Marathi language. He therefore prays that the Applicant be permitted to publish the citation in newspapers "Free Press Journal" in English language and "Navshakti" in Marathi language.

6.

For the reasons stated in Affidavit dated 10th April, 2025 annexed to the Chamber order and averment made in Para-3A of the Petition, the Chamber Order is allowed. The ..3/-

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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 26.06.2025