Prakash Ramarao Pise v. Ganesh Ramarao Pise Deceased

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 03rd July, 2025 CALLED FOR DIRECTION:

11.CHOL/298/2025 AMH20240129222C202500002 In TP/5042/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Rajesh A. Kanojia, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Sangeeta Naresh Dambe (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 "Navshakti" in vernacular language i.e. Marathi. 3.

Perused the Affidavit dated 7th May, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the Citation sent for service upon the above named legal heir of the deceased through the Sheriff of Mumbai but the same could not be served as the address was incomplete. It is further stated that the Bailiff has submitted his Report dated 30th May, 2015 "that the premises found locked and on making enquiry with neighbours of the said premises, they inform him that Sangeeta Naresh Dambe (Sister of the deceased) is not residing at the said premises but come occasionally". The Applicant has further stated that he does not have any other address of said legal heir of the deceased. The Applicant therefore requested to permit him to serve the Citation upon Sangeeta Naresh Dambe (Sister of the deceased) by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English ..2/-

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

Language and in "Navshakti" in vernacular language i.e. Marathi.

4.

Perused Para-7 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 Citation sent for service upon the above named legal heir of the deceased through the Sheriff of Mumbai but the same could not be served as the address was incomplete. He further submits that the Bailiff has submitted his Report dated 30th May, 2015 "that the premises found locked and on making enquiry with neighbours of the said premises, they inform him that Sangeeta Naresh Dambe (Sister of the deceased) is not residing at the said premises but come occasionally". He further submits that the Applicant does not have any other address of said legal heir of the deceased. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 7th May, 2025 annexed to the Chamber order and averment made in Para-7 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 03.07.2025