chol3302021 3757c067

14. CHOL/330/2021 Mr. Shirish P. Mathkar, Advocate for the Petitioner. In TP/947/2021 P.C.: 1. The present Chamber Order is taken out by way of substituted publication in Citation in news paper duly circulated in area of San Dioego, California 9211-4172 USA, upon Milind Prabhakar Rane as per the Schedule annexed to the Chamber Order.

2. Perused Scheduled. As per the Schedule Petitioner is seeking publication of Citation in newspaper viz. “EI Latino” in English newspaper circulated in area of San Dioego, California 9211-4172 USA.

3. Perused Affidavit in Support of Chamber Order, It is inter-alia mentioned in the said Affidavit (Para-3) that Manohar Prabhakar Rane, one of the legal heirs of the deceased has filed his Consent Affidavit. As far as Milind Prabhakar Rane, another legal heir of the..2/-: 2: deceased, is concerned, the Petitioner was having his last known address as mentioned in the Petition and in this Affidavit. The deceased has also mentioned in Clause-6 in his last Will and Testament that said Milind Prabhakar Rane is residing at 3775 Boyd Avenue, Apartment No.77 San Diego California 9211-4172 USA. The same address is shown in the Petition. It is further averred that no Consent was to be obtained from aforesaid Milind Prabhakar Rane, a Packet containing Duplicate Citation alongwith true copy of the Petition was sent through Sheriff’s Office to him at the address mentioned in the Petition. But said Packet came back unserved with the remarked “at present not residing at said address”. A separate Affidavit of Service of Bailiff of Sheriff’s Office is filed with the Office. The Applicant/Petitioner is not aware about another address of said Milind Prabhakar Rane since he is not touch with the Petitioner. The Applicant/Petitioner tried her best to find out the whereabouts of said Milind Prabhakar Rane, but could..3/-: 3: not trace out the same. In view of aforesaid circumstances, as per office requisition, service of Citation upon aforesaid unserved legal heir of the deceased viz. Milind Prabhakar Rane, is required to be made by way of substituted service i.e. by publication of Citation in news paper circulated in the area of last known address of said Milind Prabhakar Rane.

4. Hence, for the reasons stated in Affidavit in support annexed to the Chamber order, the present Chamber order is granted as prayed, and the same is signed separately.

5. Publication of Citation to be done one in English newspaper in “The Free Press Journal” in English newspaper and one in “Maharashtra Times” in Marathi newspaper vernacular language, within four weeks from the date of uploading the order. Office is directed to issue freshCitation, if required, with the returnable date.

6. Advocate to file Affidavit annexing..4/-: 4: therewith the newspapers within two weeks once, the publication is done. Addl. Registrar (O.S.)/ 22.12.2021 Addl. Prothonotary and Senior Master