Ashok Keshav Parte v. Jijabai Keshav Parte Alias J K Parte

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 30th April, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

4. CHOL/ 134/2026 AMH20230025733C20260 ) ) ) Shri Ravindra Khilare, Advocate for the Applicant / Petitioner.

IN TP /6465/2025 P.C.

By this Chamber Order, the Applicant seeks permission to serve the citation upon (1) Shivaji Keshav Parte, Son of the deceased, (2) Gunaji Ratnu Bendal, son-in-law of the deceased, (3) Shamika Sunil Agre, grand-daughter of the deceased and (4) Akshay Gunaji Bendal, grandson 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 "Navshakti" 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, he is not aware of the present whereabouts Shivaji Keshav Parte, son of the deceased. It is further stated that Meenakshi Gunaji Bendal, daughter of the deceased passed away on 1st January 2008 leaving behind her husband Gunaji Ratnu Bendal and Shamika Sunil Agre, daughter and Akshay Gunaji Bendal, Son. It is further stated that, the Applicant is not aware of the present address of the legal heirs of Meenakshi Gunaji Bendal. It is further stated in the additional

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affidavit that, the citation sent for service upon the abovenamed legal heirs of the deceased upon Gunaji Ratnu Bendal, Shamika Sunil Agre and Akshay Gunaji Bendal through bailiff but the same could not be served as the premises had been demolished. It is further stated that, upon making inquiries with shopkeepers and people about the abovenamed legal heirs of the deceased. It was informed that they are not residing in the said building and their whereabouts are not known to Applicant. The Applicant, therefore, requested to permit him to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi, widely circulated in Mumbai. 4.

Heard. Ld. Advocate for the Applicant submits that, he is not aware of the present whereabouts Shivaji Keshav Parte, son of the deceased. He further submits that, Meenakshi Gunaji Bendal, daughter of the deceased passed away on 1st January 2008 leaving behind her husband Gunaji Ratnu Bendal and Shamika Sunil Agre, daughter and Akshay Gunaji Bendal, Son. He further submits that, the Applicant is not aware of the present address of the legal heirs of Meenakshi Gunaji Bendal. He further submits that, the citation sent for service upon the abovenamed legal heirs of the deceased upon Gunaji Ratnu Bendal, Shamika Sunil Agre and Akshay Gunaji Bendal through bailiff but the same could not be served as the premises had been demolished. He further submits that, upon making inquiries with shopkeepers and people about the abovenamed legal heirs of the deceased it was informed that they are not residing in the said building and their whereabouts are not known to the Applicant. He, therefore, prays that, the Chamber Order be allowed.

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5.

Perused para 4 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 language i.e. Marathi, widely circulated in Mumbai, by way of substituted service of citation upon (1) Shivaji Keshav Parte, Son of the deceased, (2) Gunaji Ratnu Bendal, son-in-law of the deceased,

(3) Shamika Sunil Agre, grand-daughter of the deceased and (4) Akshay Gunaji Bendal, grandson 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. 30.04.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk