Savita Vikas Hule v. Baban Genuji Hule Alias Baban

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

9.CHOL/356/2025 AMH20210053261C202500059 In TP/631/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Seema Hunnurkar, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon (1) Nirmala Sandesh Hule (Daughter-in-law of the deceased) (2) Nikhil Sandesh Hule (Grandson of the deceased) and (3) Nilam Sandesh Hule (Grand daughter 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 29th May, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the Citations sent for service upon the above named legal heirs of the deceased at their respective address were returned with a Postal remark "Left Addressee". The Applicant further stated that the Bailiff of Sheriff of Bombay has filed an Affidavit of Service dated 28th March, 2025 to that effect and the same is at Exhibit "A" to the Affidavit in Support. It is further stated that the said legal heirs have not been contact with the Petitioner and Applicant had made extensive enquiries with friends, relatives and neighbours to ascertain their current address but have been unable to locate it. The Applicant therefore requested to permit her to ..2/-

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serve the Citation upon above named legal heirs 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. 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 Applicant submits that the Citations sent for service upon the above named legal heirs of the deceased at their respective address were returned with a Postal remark "Left Addressee" and that the Bailiff of Sheriff of Bombay has filed an Affidavit of Service dated 28th March, 2025 to that effect and the same is at Exhibit "A" to the Affidavit in Support. She further submits that the said legal heirs have not been contact with the Petitioner and Applicant had made extensive enquiries with friends, relatives and neighbours to ascertain their current address but have been unable to locate it. She therefore prays that the Chamber Order be allowed. 6.

For the reasons stated in Affidavit dated 29th May, 2025 annexed to the Chamber order and averment made in Para-8 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