← Library
Bombay High CourtCHOL/606/2025disposed off

Anagha Yashwant Mahambare v. Ajit Moreshwar Nadkarni And Vishakha Ajit Nadkarni

2025-11-27E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)3 pages

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 27th November, 2025 CALLED FOR DIRECTION:

6. CHOL/ 606/2025 AMH20230051616C20250 ) ) ) ) Ms. Surbhi S. Agrawal, Advocate for the Applicant / Petitioner.

IN TP /4752/2025 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon Parvi Amit Nadkarni legal heir of the deceased, by way of substituted service as per schedule annexed to the Chamber Order.

2.

Perused the schedule. The Applicant applies for publication of Notice 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. The Applicant has stated in the affidavit in support that, the Applicant had filed the above Petition before this Hon'ble Court for obtaining grant of Probate Petition with Will annexed to the property and credits belonging to Ajit Moreshwar Nadkarni and Vishakha Ajit Nadkarni the deceased being the Legatee named under the last Will and Testament of the deceased. It is further stated that, Mr. Amit Ajit Nadkarni, the son of the deceased predeceased the deceased. It is further stated that, the marriage of Amit Ajit Nadkarni was

: 2 :

dissolved by a judgment and decree dated 20th September 2020 and custody of his daughter Ms. Parvi Amit Nadkarni was with Mrs. Miloni Amit Nadkarni and the deceased and the Petitioner had no relations with them and so the Petitioner is not aware of the said daughter of the predeceased son. The Applicant, therefore, requested to permit her to publish the Notice in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi having circulation in Mumbai, by way of substituted service upon Parvi Amit Nadkarni legal heir of the deceased.

4.

Heard. Ld. Advocate for the Applicant submits that, the Applicant had filed the above Petition before this Hon'ble Court for obtaining grant of Probate Petition with Will annexed to the property and credits belonging to Ajit Moreshwar Nadkarni and Vishakha Ajit Nadkarni the deceased being the Legatee named under the last Will and Testament of the deceased. She further submits that, Mr. Amit Ajit Nadkarni, the son of the deceased predeceased the deceased. She further submits that, the marriage of Amit Ajit Nadkarni was dissolved by a Judgement and decree dated 20th September 2020 and custody of his daughter Ms. Parvi Amit Nadkarni was with Mrs. Miloni Amit Nadkarni and the deceased and the Petitioner had no relations with them and so the Petitioner is not aware of the said daughter of the predeceased son. She, therefore, prays that the Chamber Order be allowed.

5.

Perused para 7 of the Petition. For the reasons mentioned in the affidavit in support the Chamber Order is allowed. Applicant to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular

: 3 :

language i.e. Marathi widely circulated in Mumbai, by way of substituted service upon Parvi Amit Nadkarni 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 27.11.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk