Sharad Anup Sheth v. Suraj Chhotalal Sheth

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 9th January, 2025 CALLED FOR DIRECTION:

4.CHOL/12/2025 In TP/3106/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. M. S. Bhandari i/b. Ms. Pranjali Bhandari, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon (1) Anjali Shah, nee Anjali Anup Sheth (Grand daughter of the deceased), (2) Gautam Anup Sheth (Grand son of the deceased), (3) Vimla Pratap Desai (Married Daughter of the deceased), (4) Rupa Deepak Parikh (Married Grand daughter of the deceased) and (5) Swati Atul Shah (Married Grand 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 "Jan Shakti" in vernacular language i.e. Gujarati. 3.

Perused the Affidavit dated 25th July, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the Citation sent for service upon above named legal heirs through the Sheriff of Bombay were returned back "Unclaimed", "Insufficient Address" and "Addressee Left". It is further stated that Bailiff of Sheriff of Bombay had filed an Affidavit of Service dated 3rd April, 2024. A copy of the same annexed to the Affidavit in Support. 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 ..2/-

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

viz. "Free Press Journal" in English Language and in "Jan Shakti" in vernacular language i.e. Gujarati. 4.

Heard. The Ld. Advocate for the Applicant submits that the Citation sent for service upon above named legal heirs through the Sheriff of Bombay were returned back "Unclaimed", "Insufficient Address" and "Addressee Left". He further submits that Bailiff of Sheriff of Bombay had filed an Affidavit of Service dated 3rd April, 2024. He therefore prays that the Chamber Order be allowed.

5.

Perused Para-4 (Rider-A) 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. For the reasons stated in Affidavit dated 25th July, 2024 annexed to the Chamber order and averment made in Para-4 (Rider-A) of the Petition, the present Chamber order is allowed. Petitioner is directed to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) "Jan Shakti" in Gujarati language, within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.

6. 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 09.01.2025