Vidya Girish Wagle v. Shubhangi Dinkar Nadkarni

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

9. CHOL/ 196/2026 AMH20210045624C20260 ) ) ) Smt. Jyoti Badgujar, Advocate for the Applicant / Petitioner.

IN TP /3369/2025 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon (1) Mrs. Jaya Girish Mazumdar, Sister in law of the deceased, (2) Saee Girish Mazumdar, Niece of the deceased, (3) Neil Girish Muzumdar, Nephew of the deceased, (4) Mrs. Anita Ashok Muzumdar, Sister-in-law of the deceased, (5) Shri Keiran Ashok Muzumdar, Nephew of the deceased, (6) Ms. Naina Ashok Muzumdar, Niece of the deceased and (7) Mrs. Lisa Cameron, Niece 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, "National Post" in English language, widely circulation at Vancouver, Canada and "Desi Talk" in English language at New York, USA.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, the deceased died as issueless, the husband of the deceased predeceased the deceased. It is further

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stated that, the deceased had no brother or sister and there are no heirs from the husband side. It is further stated that the deceased had no sister but she had two brothers both the predeceased the deceased and their whereabouts are shown as above. It is further stated that, the citation sent for service upon the abovenamed legal heirs through the bailiff of Sheriff of Bombay is not served. It is further stated that, the Applicant is not aware of the whereabouts of the abovenamed legal heirs of the deceased as they never visited the deceased during her lifetime or her funeral and also never attended family function or social gathering. The Applicant, therefore, requested to permit her to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi, widely circulation in Mumbai, "National Post" in English language, widely circulation at Vancouver, Canada and "Desi Talk" in English language widely circulation at New York, USA.

4.

Heard. Ld. Advocate for the Applicant submits that, the deceased died as issueless, the husband of the deceased predeceased the deceased. She further submits that, the deceased had no brother or sister and there are no heirs from the husband side. She further submits that, the deceased had no sister but she had two brothers both the predeceased the deceased and their whereabouts are shown as above. She further submits that, the citation sent for service upon the abovenamed legal heirs through the bailiff of Sheriff of Bombay is not served. She further submits that, the Applicant is not aware of the whereabouts of the abovenamed legal heirs of the deceased as they never visited the deceased during her lifetime or her funeral and also never attended

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family function or social gathering. 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 newspapers viz. "Free Press Journal" in English Language and in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi, widely circulation in Mumbai, "National Post" in English language, widely circulation at Vancouver, Canada and "Desi Talk" in English language widely circulation at New York, USA, by way of substituted service of citation upon (1) Mrs. Jaya Girish Mazumdar, Sister in law of the deceased, (2) Saee Girish Mazumdar, Niece of the deceased, (3) Neil Girish Muzumdar, Nephew of the deceased, (4) Mrs.

Anita Ashok Muzumdar, Sister-in-law of the deceased, (5) Shri Keiran Ashok Muzumdar, Nephew of the deceased, (6) Ms. Naina Ashok Muzumdar, Niece of the deceased and (7) Mrs. Lisa Cameron, Niece 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. 30.03.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk