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Bombay High CourtCHOL/423/2025disposed off

Madhukar Prabhu Kamble v. Kamal Gulab Waghmare.

2025-09-11E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

sbk Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 11th September, 2025 CALLED FOR DIRECTION:

4.CHOL/423/2025 AMH20230033855C202500001 IN TP/632/2025 ) ) ) Shri Jayant Wani i/by Pankaj Kharate, Advocate for the Applicant.

P.C.

The present Chamber Order is taken out to serve the Citation upon unknown legal heirs 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 in support dated 8th August, 2025 annexed to Chamber Order. It is stated in the said Affidavit that, the deceased was died issueless and parents of the deceased had predeceased the deceased and the deceased had three brothers and one sister but their whereabouts are not known to the Applicant / Petitioner. The Applicant has further stated that, he had made efforts to find out the whereabouts of the unknown surviving legal heirs of the deceased and no one was in contact. He has further stated that, he had made diligent search / enquiry with the relatives but no one put find out the present address. The Applicant therefore requested to permit him to serve the Citation upon all concerned 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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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 was died issueless and parents of the deceased had predeceased the deceased and the deceased had three brothers and one sister but their whereabouts are not known to the Applicant / Petitioner. He further submits that, the Applicant had made efforts to find out the whereabouts of the unknown surviving legal heirs of the deceased and no one was in contact. The Ld. Advocate further submits that, the Applicant had made diligent search / enquiry with the relatives but no one put find out the present address. He, therefore, submits that, the Applicant be permitted to serve the Citation upon all concerned 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. He therefore prays that the Chamber Order be allowed. 6.

For the reasons stated in Affidavit dated 8th August, 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. 11.09.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master