Gopal Banwarilal Sharma v. Banwarilal Kishnlal Sharma (Deceased)

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 07th January, 2025 CALLED FOR DIRECTION:

Mr. Suyash Kalbhor i/b. Mr. B. G. Saraf, Advocate for the Applicant / Petitioner.

8.CHOL/1/2025 In TP/2554/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P. C. : 1. The present Chamber Order is taken out to serve the Citation upon (1) Surendra B. Sharma (Son of the deceased), (2) Mithilesh Sanjee Phuj (Married daughter of the deceased) and (3) Vimlesh Hariom Sharma (Married daughter of the deceased) by way of substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Petitioner is seeking permission to publish the Citation in two newspapers viz. "Free Press Journal" in English Language and in "Gujarat Samachar" in vernacular language i.e. Gujarati, in Mumbai and Vadodara.

3.

Perused the Affidavit dated 8th October, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the Citation sent for service through Sheriff of Bombay, upon the above named legal heirs of the deceased was returned back with a remark "Not known". It is further stated that the Applicant had made enquiries with relatives regarding the current status of the above named legal heirs of the deceased but no information was found. The Applicant therefore requested to permit him to publish the Citation upon above named legal heirs of the deceased by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Gujarat Samachar" in vernacular language i.e. Gujarati, in Mumbai and Vadodara. ..2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :

4.

Perused Para-8 of the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the addresses not known to the Petitioner. 5.

Heard. The Ld. Advocate for the Applicant submits that the Citation sent for service through Sheriff of Bombay, upon the above named legal heirs of the deceased was returned back with a remark "Not known". He further submits that the Applicant had made enquiries with relatives regarding the current status of the above named legal heirs of the deceased but no information was found. He further submits that the Bailiff Report is annexed to the Affidavit of Service filed in the Petition. He further submits that the Applicant is not aware of the whereabouts of the above said legal heirs of the deceased. He therefore prays that the Chamber Order be allowed. 6.

For the reasons stated in Affidavit dated 8th October, 2024 annexed to the Chamber order and averment made in Para-8 of the Petition, the present Chamber order is granted, and the same is signed separately. The Petitioner is directed to publish the Citation in two newspapers viz. "Free Press Journal" in English Language and in "Gujarat Samachar" in vernacular language i.e. Gujarati, in Mumbai and Vadodara, within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.

7. Applicant to file Affidavit annexing therewith the newspapers within two weeks once, the publication is done.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 07.01.2025