Aziz Ahmed Kadar Khan v. Kadar Khan Mohammad Khan

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 10th November, 2025 CALLED FOR DIRECTION:

8.CHOL/ 535/2025 AMH20210045645C202500015 ) ) ) ) Smt. Jyoti Badgujar i/by Vijay Badgujar, Advocate for the Applicant / Petitioner IN TP/330/2018 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon the attesting witnesses of the Will of the deceased viz. (1) Ms. Snehal Vilas Nikale and (2) Mr. Dhiraj Rajaram Kamble by way of substituted service as per schedule annexed to the Chamber Order.

2.

Perused the schedule. The Applicant applies for publication of citation in two newspapers viz. "Free Press Journal" in English Language and in "Nav Shakti" in vernacular language i.e. Marathi, widely circulated in Mumbai.

3.

Perused the affidavit in support and additional affidavit. The Applicant has stated in the affidavit that, Snehal Nikale, one of the attesting witness to the Will had filed an affidavit and while going through the said affidavit Ld. Officer observed that additions made in the Will has not mentioned as who has incorporated the same. It is further stated that, the Applicant had tried to approach Snehal Nikale to file additional affidavit confirming the same but she has left the premises and no one is aware about the whereabouts and other attesting witness to the Will viz. Dhiraj

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Rajaram Kamble is also not traceable. The Applicant had stated in the additional affidavit that, after filing the affidavit by the abovenamed attesting witness has changed their address and the present address is not known to the Applicant. The Applicant, therefore, requested to permit him to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Nav Shakti" in vernacular language i.e. Marathi, widely circulated in Mumbai Edition.

4.

Heard. Ld. Advocate for the Applicant submits that, Snehal Nikale, one of the attesting witness to the Will had filed an affidavit and while going through the said affidavit Ld. Officer observed that additions made in the Will has not mentioned as who has incorporated the same. She further submits that, the Applicant had tried to approach Snehal Nikale to file additional affidavit confirming the same but she has left the premises and no one is aware about the whereabouts and other attesting witnesses to the Will viz. Dhiraj Rajaram Kamble is also not traceable. She further submits that, after filing the affidavit by the abovenamed attesting witness has changed their address and the present address is not known to the Applicant. She, therefore, prays that, the Chamber Order be allowed.

5.

For the reasons mentioned in the affidavit in support and the additional affidavit the Chamber Order is allowed. Applicant to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Nav Shakti" in vernacular language i.e. Marathi, widely circulated in Mumbai Edition, by way of substituted service of citation upon the attesting witnesses of the Will of the deceased viz. (1) Ms. Snehal Vilas Nikale and (2) Mr.

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Dhiraj Rajaram Kamble of the deceased within four weeks from the date of uploading this Order. Applicant to file the affidavit of publication once the citation is published within two weeks thereafter.

6.

Registry is directed to issue fresh citation, if required. 10.11.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk