Rahul Dattaram Bhosale v. Leelabai Dattaram Yevale Deceased

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 9th April, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

11. CHOL/ 220/2026 AMH20230019834C20260 ) ) ) Shri Sandesh Kate, Advocate for the Applicant / Petitioner.

IN TP /6342/2025 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon (1) Balu Gyanba Kolte, (2) Shamrao Ankush Kolte, (3) Laxman Ankush Kolte, grandsons of the deceased, (4) Sunita K. Bhosale, (5) Sunita Kolte, Granddaughters of the deceased and (4) Vimal K. Kamte, Sister 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 and Pune. 3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, the citation was sent for service to the abovenamed legal heirs and the same were returned and therefore the citation could not be served. It is further stated that, the Applicant does not know the present whereabouts of the abovenamed legal heirs of the deceased. 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

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vernacular language i.e. Marathi, widely circulated in Mumbai and Pune.

4.

Heard. Ld. Advocate for the Applicant submits that, the citation was sent for service to the abovenamed legal heirs and the same were returned and therefore the citation could not be served. He further submits that, the Applicant does not know the present whereabouts of the abovenamed legal heirs of the deceased. He further submits that, deceased died as issueless. He further submits that, affidavit of service dated 4th March 2026 has been filed by the bailiff of Sheriff of Bombay. He further submits that, the Applicant had made diligent search for the present whereabouts of the abovenamed legal heirs of the deceased but the Applicant could not find out their whereabouts. He therefore, prays that, the Chamber Order be allowed.

5.

Perused para 9 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 and Pune, by way of substituted service of citation upon abovenamed 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. 09.04.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk