Chitra Hari Naik v. Meenakshee Balkrishna Naik (Deceased

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th August, 2025 CALLED FOR DIRECTION:

11.CHOL/398/2025 In TP/2536/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Nandkishor Supal i/b. Divya Shah Associates, Advocate for the Advocate for the Applicants / Petitioners.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Madhuri Tiwari, niece of the deceased (Daughter of predeceaseed sister of deceased viz. Mohana Balkrishna Naik) by way of substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Petitioners are seeking permission to publish the Citation in two newspapers viz. "Free Press Journal" in English Language and in "Navakal" in vernacular language i.e. Marathi.

3.

Perused the Affidavit in support dated 23rd July, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the citation was sent for service through the Bailiff of Sheriff of Bombay upon Madhuri Tiwari at her last known address has been returned by the postal authorities with the remark "item returned insufficient address" and the Bailiff had filed Affidavit of service dated 16.07.2025. The applicants have further stated that they are not aware of any other address of Mrs. Madhuri Tiwari. The Applicants have, therefore, requested to permit them to serve the Citation upon Mrs. Madhuri Tiwari, (Daughter of predeceaseed sister of deceased viz. Mohana Balkrishna Naik) by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Navakal" in vernacular language i.e. Marathi.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 Applicants submits that the deceased died as spinster and Mrs. Mohana Balkrishna Naik, sister of the deceased predeceased. He further submits that the citation was sent for service through the Bailiff of Sheriff of Bombay upon Madhuri Tiwari, niece of the deceased, at her last known address has been returned by the postal authorities with the remark "item returned insufficient address" and the Bailiff had filed an Affidavit of service dated 16.07.2025. He further submits that they are not aware of any other address of Mrs. Madhuri Tiwari. He further submits that the Applicants/ Petitioners be permitted to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) ""Navakal" in vernacular language i.e. Marathi. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 23rd July, 2025 annexed to the Chamber order and averment made in Para-7 of the Petition, the Chamber Order is allowed and the same is signed separately. The Applicant is directed to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) "Navakal" in vernacular language i.e. Marathi 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 14.08.2025