Baijnath Ramnihor Navik Alias Baijnath Ram Nihor Navik v. Ramnihor Chutri Navik Alias Ram Nihor Chaturi Navik Alias Ramnihor Chaturi Navik

ary Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 24th July, 2025 CALLED FOR DIRECTION:

8.CHOL/339/2025 In TP/1090/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. R. S. Sawant i/b Akhlaque M. S. Solkar, Advocate for the Applicant/Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Smt. Prabhavati Devi Satyanarayan Navik (Daughter), Smt. Chandrakala Ramkrishna Nishad (Daughter) and Srnt. Usha Devi Arunkumar Navik, (Daughter) by way of substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Applicant/Petitioner is seeking permission to publish the Citation in two newspapers viz. "Free Press Journal" in English Language and in "Navbharat Times" newspaper in vernacular language (Hindi).

3.

Perused the Affidavit in support dated 11.03.2025. It is stated in the Affidavit in support that the citation sent for service upon the above named legal heirs through the Bailiff of Sheriff of Bombay was returned back with the postal remark "Not Claimed" and Bailiff has also filed Affidavit of service dated 12.12.2024. The Applicant, therefore, requested to permit him to publish the Citation upon the abovenamed legal heirs by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Navbharat Timest" newspaper in vernacular language (Hindi).

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 4.

Perused Para-9 of the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the whereabouts is 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 heirs through the Bailiff Sheriff of Bombay was returned back with the postal remark "Not Claimed" and Bailiff has also filed Affidavit of service dated 12.12.2024 to that effect. He, therefore, prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit in support annexed to the Chamber order and averment made in Para - 9 of the Petition, the present Chamber order is granted, and the same is signed separately. Publication of Citation to be done in two newspapers viz. (1) "Free Press Journal" in English and (2) "in "Navbharat Times" newspaper in vernacular language (Hindi), 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 24.07.2025