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Bombay High CourtCHOL/379/2026disposed off

Smita Ashok Malavankar v. Gajanan Kesharinath Kulkarni Alias Gajanan Kesarinath Kulkarni

2026-06-15E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)3 pages

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 15th June, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

6. CHOL/ 379/2026 AMH20240005795C20260 ) ) ) Ms. Bhakti Patil i/by Shri Dinesh Shinde, Advocate for the Applicant / Petitioner.

IN TP /4594/2025 P.C.

By this Chamber Order, the Applicant seeks permission to serve the citation upon (1) Chandrashekhar Gajanan Kulkarni, son of the deceased and (2) Alpana Kishor Kulkarni, daughter-inlaw of the deceased and wife of late Kishor Gajanan Kulkarni, son 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. "Active Times" in English Language and in "Lakshydeep" in vernacular language i.e. Marathi, widely circulated in Mumbai.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, Chandrashekhar Gajanan Kulkarni, son of the deceased, was residing with the Petitioner before the flat was demolished for reconstruction and he had left the premises at different location and has not been in touched with the Applicant for the last three years and his whereabouts is not known to the Applicant. It is further stated that, Alpana Kishor Kulkarni, widow of Kishor Gajanan Kulkarni had left the matrimonial house and sent

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to stay in her own parents house at Borivali and the Applicants came to know that, she got remarried and now the said chawl has been demolished and the Applicant do not aware where she is residing and her whereabouts is also not known. It is further stated that, the Applicant tried to search for the whereabouts of the said legal heirs of the deceased from neighbors and family friends, but despite due and diligent search the Applicant could not hear about them. The Applicant, therefore, requested to permit her to publish the citation in two newspapers viz. "Active Times" in English Language and in "Lakshydeep" in vernacular language i.e. Marathi, widely circulated in Mumbai.

4.

Heard. Ld. Advocate for the Applicant submits that, Chandrashekhar Gajanan Kulkarni, son of the deceased, was residing with the Petitioner before the flat was demolished for reconstruction and he had left the premises at different location and has not been in touched with the Applicant for the last three years and his whereabouts is not known to the Applicant. She further submits that, Alpana Kishor Kulkarni, widow of Kishor Gajanan Kulkarni had left the matrimonial house and sent to stay in her own parents house at Borivali and the Applicants came to know that, she got remarried and now the said chawl has been demolished and the Applicant do not aware where she is residing and her whereabouts is also not known. She further submits that, the Applicant tried to search for the whereabouts of the said legal heirs of the deceased from neighbors and family friends, but despite due and diligent search the Applicant could not hear about them. She, therefore, prays that, the Chamber Order be allowed.

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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. "Active Times" in English Language and in "Lakshydeep" in vernacular language i.e. Marathi, widely circulated in Mumbai, by way of substituted service of citation upon (1) Chandrashekhar Gajanan Kulkarni, son of the deceased and (2) Alpana Kishor Kulkarni, daughter-in-law of the deceased and wife of late Kishor Gajanan Kulkarni, son 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. 15.06.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk