Akshay Dilip Parab v. Shubhangi Suryakant Malhar

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th August, 2025 CALLED FOR DIRECTION:

7.CHOL/382/2025 AMH20230047646C202500007 In TP/2162/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Sagar D. Sabale i/b. Ms. Samruddhi Ghadigaonkar, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Bhagyashree Bhalchandra Malhar (Sister-inlaw 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 9th April, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the deceased died as issueless and the husband and parents of the deceased husband are predeceased the deceased. The Applicant has further stated that the deceased husband has no sister but one brother viz. Bhalchandra Bapu Malhar had died issueless. It is further stated that the brother of the deceased died leaving behind a widow viz. Bhagyhashree Bhalchandra Malhar and the Citation was sent for service upon her through Bailiff was returned with a postal remark "Unclaimed". The Applicant therefore requested to permit him to serve the Citation upon Bhagyashree Bhalchandra Malhar (Sister-in-law of the deceased) by way of substituted service by publishing in two newspapers viz. "Free Press ..2/-

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

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

4.

Perused 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 deceased died as issueless and the husband and parents of the deceased husband are predeceased the deceased. He further submits that the deceased husband has no sister but one brother viz. Bhalchandra Bapu Malhar had died issueless. He further submits that the brother of the deceased died leaving behind a widow viz. Bhagyhashree Bhalchandra Malhar and the Citation was sent for service upon her through Bailiff was returned with a postal remark "Unclaimed" and the Bailiff of Sheriff of Bombay had filed an Affidavit of Service dated 1st April, 2025. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 9th April, 2025 annexed to the Chamber order and averment made in 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 12.08.2025