Dipali Datta Birmole v. Datta Pandurang Birmole

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 15th July, 2025 CALLED FOR DIRECTION:

12.CHOL/308/2025 AMH20240008277C202500003 In TP/1257/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Rohit Vaishya i/b. Ms. Shreya Ganesh Jadhav, Advocate for the Applicants / Petitioners.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Mahesh Parab (Husband of Megha Mahesh Parab, Daughter of the deceased) by way of substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Petitioners are 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 12th June, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the Mrs. Megha Mahesh Parab, married daughter of the deceased died issueless on 3rd January, 2010 but she is survived by her husband and after her death the Applicants are not aware about the whereabouts of Mahesh Parab. It is further stated that the Applicants had made several efforts to trace out the alternate address of Mahesh Parab but they could not find out the New Address. The Applicant therefore requested to permit her to publish the Citation upon Mahesh Parab (Husband of Megha Mahesh Parab, Daughter of the deceased) by way of substituted service by publishing in two newspapers viz. ..2/-

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

"Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi. 4.

Perused Para-8 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 Applicants submits that the Mrs. Megha Mahesh Parab, married daughter of the deceased died issueless on 3rd January, 2010 but she is survived by her husband and after her death the Applicants are not aware about the whereabouts of Mahesh Parab. He further submits that the Applicants had made several efforts to trace out the alternate address of Mahesh Parab but they could not find out the New Address. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 12th June, 2025 annexed to the Chamber order and averment made in Para-8 of the Petition, the Chamber Order is allowed. The Applicants are 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. Applicants to file Affidavit annexing therewith the newspapers within two weeks once, the publication is done.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 15.07.2025