Nimmakayalu Lakshminarayana Yeshodhara v. Nimmakayalu Lakshminarayan (Deceasd)

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 29th July, 2025 CALLED FOR DIRECTION:

Mrs. Neelam D. Erande, Advocate for the Applicant / Petitioner.

5.CHOL/313/2025 AMH20240128713C202500002 In TP/5557/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Mr. N. L. Nandakumar (Son 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 "Sakshi" in vernacular language i.e. Telugu.

3.

Perused the Affidavit dated 2nd May, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the Citation sent for service through the Bailiff was returned unserved with a Postal remark "unclaimed" and the Bailiff Affidavit of Service dated 23rd March, 2025 is on record. Mr. N. L. Nandakumar (Son of the deceased) left the father's house and in contact with the Petitioner and / or any other family members since last 30 years and his whereabouts not known to the Applicant / Petitioner. It is further stated that the Petitioner tried to locate the address and whereabouts of the said son of the deceased but she could not find out as no one knows the address and his whereabouts. The Applicant therefore requested to permit her to publish the Citation upon Mr. N. L. Nandakumar (Son of the deceased) by way of substituted service by publishing in two newspapers viz. "Free ..2/-

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

Press Journal" in English Language and in "Sakshi" in vernacular language i.e. Telugu.

4.

Perused Para-6 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 through the Bailiff was returned un-served with a Postal remark "unclaimed" and the Bailiff Affidavit of Service dated 23rd March, 2025 is on record. She further submits that Mr. N. L. Nandakumar (Son of the deceased) left the father's house and in contact with the Petitioner and / or any other family members since last 30 years and his whereabouts not known to the Applicant / Petitioner. She further submits that the Petitioner tried to locate the address and whereabouts of the said son of the deceased but Applicant could not find out as no one knows the address and his whereabouts. She therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 2nd May, 2025 annexed to the Chamber order and averment made in Para-6 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) "Sakshi" in Telugu language, within six 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 29.07.2025