Hemlata Ramesh Hankare v. Jagannath Bhiku Pawar Deceased

sbk Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 8th September, 2025 CALLED FOR DIRECTION:

7.CHOL/ 389 /2025 AMH20230029172 C202500003 IN TP/162/2020 ) ) ) ) Shri Santosh S. Chodankar, Advocate for the Applicant / Petitioner P.C.

The present Chamber Order is taken out by the Applicant / Petitioner to serve citation upon (1) Smt. Jayeshree Jagannath Pawar, wife of the deceased and (2) Mr. Santosh Jagannath Pawar, son of the deceased, 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 citation in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular Language i.e. Marathi. Perused the affidavit in support dated 19th March, 2025 annexed to the Chamber Order. It is stated in the affidavit that citation was sent for service upon the above named legal heirs through the Sheriff of Bombay and the bailiff had visited the residential premises of the abovenamed legal heirs for the purpose of service of citation on 16th March, 2023 but they were not found and therefore, the citation could not be served upon them. The Applicant has further stated that the bailiff upon making enquiry with Mr. Chandrakant Boing (present Occupant) informed the bailiff that the above named legal heirs do not live there.

The Applicant, therefore, requested to permit her to serve citation upon Smt. Jayeshree Jagannath Pawar and Mr. Santosh Jagannath Pawar 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.

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3.

Perused the Petition. The Applicant has mentioned the last known address of the legal heirs.

4.

Heard. The Ld. Advocate for the Applicant / Petitioner submits that, the citation was sent for service upon Smt. Jayeshree Jagannath Pawar and Mr. Santosh Jagannath Pawar at their last known address through bailiff of Sheriff of Bombay but the same could not be served. He further submits that, upon making enquiry with the person occuping the premises, it was informed to the Bailiff that they do not reside there. The Bailiff of Sheriff of Bombay has also filed an affidavit of service dated 30th October 2023 and annexed his report therewith. Ld. Advocate for the Applicant prays that, the Chamber Order be allowed.

5.

For the reasons stated in the affidavit in support of Chamber Order and averments made in the petition the Chamber Order is allowed. The Applicant is directed to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular Language i.e. Marathi, within six weeks from the date of the uploading this Order.

6.

Office is directed to issue fresh citation, if required. 7.

Applicant to file affidavit of publication annexing therewith the newspapers within two weeks once the publication is done.

08.09.2025 Addl. Registrar (O.S.) /Addl.

Prothonotary and Senior Master