Ashok Balwant Mantri v. Indira Sitaram Navalkar

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 15th December, 2025 CALLED FOR DIRECTION:

9. CHOL/ 647/2025 AMH20210045645C20250 ) ) ) ) Smt. Jyoti Badgujar, Advocate for the Applicant / Petitioner.

IN TP /1121/2023 P.C.

By this Chamber Order the Applicant seeks permission to serve the Citation upon (1) Indumati Bhalchandra Navalkar, (2) Dinesh Madhukar Navalkar (3) Rahul Madhukar Navalkar, legal heirs 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 citation in two newspapers viz. "Free Press Journal" in English language and in "Nav Shakti" in vernacular language i.e. Marathi.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, the deceased died as spinster. It is stated that, the bailiff of Sheriff of Bombay made an attempt for service of citation upon (1) Indumati Bhalchandra Navalkar, (2) Dinesh Madhukar Navalkar (3) Rahul Madhukar Navalkar, but same could not be served upon them as they were not found at the address. It is further stated that, it was informed to the bailiff that they have gone out of station and not aware about their whereabouts. The Applicant, therefore, requested to permit him to publish the citation

: 2 :

by way of service upon (1) Indumati Bhalchandra Navalkar, (2) Dinesh Madhukar Navalkar (3) Rahul Madhukar Navalkar, legal heirs of the deceased, in two newspapers viz."Free Press Journal" in English language and in "Nav Shakti" in vernacular language i.e. Marathi widely circulated in Mumbai.

4.

Heard. Ld. Advocate for the Applicant submits that, the deceased died as spinster. She further submits that, the bailiff of Sheriff of Bombay made an attempt for service of citation upon (1) Indumati Bhalchandra Navalkar, (2) Dinesh Madhukar Navalkar (3) Rahul Madhukar Navalkar, but same could not be served upon them as they were not found at the address. She further submits that, it was informed to the bailiff that they have gone out of station and not aware about their whereabouts. She, therefore, prays that the Chamber Order be allowed.

5.

Perused para 8 of the Petition. For the reasons mentioned in the affidavit in support the Chamber Order is allowed. Applicant to publish the citation in two newspaper viz. "Free Press Journal" in English language and in "Nav Shakti" in vernacular language i.e. Marathi, widely circulated in Mumbai, by way of substituted service upon (1) Indumati Bhalchandra Navalkar, (2) Dinesh Madhukar Navalkar (3) Rahul Madhukar Navalkar, legal heirs 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. 15.12.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk