Ujwala Prabhakar Shirke v. Vinay Jaiwant Vaidya

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 12th March, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

5. CHOL/ 145/2026 AMH2024000122C202600 ) ) ) Shri Prajyot Sawardekar, Advocate for the Applicant / Petitioner.

IN TP /503/2026 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon (1) Mrs. Neha Vinay Vaidya, Ex-wife of the deceased, (2) Ms. Mithila Vinay Vaidya, daughter of the deceased and (3) Ms. Ramola Vinay Vaidya, daughter 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. The Applicant has stated in the affidavit that, the parents of the deceased predeceased the deceased. It is further stated that, the deceased has categorically mentioned in the Will that he was not in touch with (1) Mrs. Neha Vinay Vaidya, (2) Ms. Mithila Vinay Vaidya, and (3) Ms. Ramola Vinay Vaidya. It is further stated that deceased and they neither came to see the deceased nor visited the residence of the deceased nor gave the deceased any details of their whereabouts. It is further

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stated that, the Applicant / Petitioner tried to locate the address and whereabouts of the abovenamed persons but she was unable to find their addresses and no one know their location. 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, the parents of the deceased predeceased the deceased. He further submits that, the deceased has categorically mentioned in the Will that he was not in touch with (1) Mrs. Neha Vinay Vaidya, (2) Ms. Mithila Vinay Vaidya, and (3) Ms. Ramola Vinay Vaidya. He further submits that, the deceased and they neither came to see the deceased nor visited the residence of the deceased nor gave the deceased any details of their whereabouts. He further stated that, the Applicant / Petitioner tried to locate the address and whereabouts of the abovenamed persons but she was unable to find their addresses and no one known their location. He, 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 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) Mrs. Neha Vinay Vaidya, (2) Ms. Mithila Vinay Vaidya, and (3) Ms. Ramola Vinay Vaidya, legal heirs of the deceased within four weeks from the date of uploading

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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. 12.03.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk