← Library
Bombay High CourtCHOL/355/2025disposed off

Daya Ravindranath Madhav v. Ravindranath Jagannath Madhav (Deceased)

2025-07-31E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 31st July, 2025 CALLED FOR DIRECTION:

8.CHOL/355/2025 AMH20230004366C202500006 In TP/1463/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Dhwani Vora i/b. Mr. Sandip Patade, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Mrs. D. R. Sikora (Nee Darshana Ravindranath Madhav) and Mrs. Naina Kamlesh Shinde (Nee Naina Ravindranath Madhav), Daughters 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 1st July, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the Citation sent for service upon the above named legal heirs at their last known addresses was returned back with a Postal remark "Addressee moved". It is further submitted that after extensive search and due diligence, the present residential address of the above named legal heirs are not found. The Applicant therefore requested to permit him to serve the Citation upon above named legal heirs of the deceased by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi. ..2/-

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

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 Citation sent for service upon the above named legal heirs at their last known addresses was returned back with a Postal remark "Addressee moved". She further submits that after extensive search and due diligence, the present residential address of the above named legal heirs are not found. She therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 1st July, 2025 annexed to the Chamber order and averment made in Para7 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 31.07.2025