HIGH COURT OF BOMBAY
RAVI S. MITTAL – Appellant
Versus
SMT. ANUPAMA VILAS JOSHI and ORS – Respondent
CHOL/390/2022
msm Before : Shri S.R. Paranjpe,
Addl. Registrar (O.S.)/
Addl. Prothonotary and Senior Master
Date : 16th December, 2022.
FOR DIRECTION :
5. CHOL/390/2022
Mr. Ravi S. Mittal, Applicant / Plaintiff in
person.
In
S/1096/1998
P.C. : 1.
The present Chamber Order is
taken out to serve the Notice of Draft
Decree upon Defendant Nos. 1 to 3 viz.
Anupama Vilas Joshi, Vipin Vilas Joshi
and Ms. Rachana Vilas Joshi by way
substituted service as per the Schedule
annexed to the Chamber Order.
2.
Perused Schedule. The Petitioner is
seeking permission to publish the Notice
of Draft Decree in two newspapers viz.
“Free Press Journal” in English Language
and in “Navashakti” in vernacular
language i.e. Marathi.
3.
Perused three separate Affidavits
dated 7th December, 2022 annexed to
Chamber Order. The Plaintiff in person
submits that the Advocate appearing on
behalf of Defendant Nos.1 to 3 expired.
However, the Plaintiff in person is not in
..2/-
: 2 :
a position to produce death certificate of
the Advocate appearing on behalf of
Defendant Nos.1 to 3. The Plaintiff in
person further submits that upon enquiry
with his colleagues Advocate they
informed about the death of the said
Advocate appearing on behalf of
Defendant Nos.1 to 3. Statement is
taken on record.
4.
In Para-2 of the said Affidavits it is
stated that the Notice to the Defendant
Nos.1 to 3 has been returned back with
postal remarks that Anupama Vilas
Joshi, Vipin Vilas Joshi and Ms. Rachana
Vilas Joshi are not residing at the address
known to the Plaintiff in Person. The
Plaintiff in person submits that the
whereabouts / addresses of the
Defendant Nos.1 to 3 are not known to
him.
5.
Hence, for the reasons stated in
three separate Affidavits dated 7th
December, 2022 annexed to the Chamber
order and submission made by the Plaintiff
in person, the present Chamber order is
granted, and the same is signed separately.
..3/-
: 3 :
6.
Publication of Notice of Draft Decree
to be done one in English newspaper in
“Free Press Journal” and one in
“Navshakti” in Marathi newspaper
vernacular language, within four weeks
from the date of uploading the order.
7.
The Plaintiff in person to file
Affidavit annexing therewith the
newspapers within two weeks once, the
publication is done.
Addl. Registrar (O.S.)/
16.12.2022
Addl. Prothonotary and Senior Master