Naresh Surajprakash Vijan v. Amrat Devi Menghi (Deceased)

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th January, 2025 CALLED FOR DIRECTION:

4.CHOL/18/2025 In TP/789/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr.

Niranjan M. Kanade, Advocate for Applicant/Petitioner.

P. C. :

1) The present Chamber Order is taken out to serve the Citation upon Smt. Asha Gulshanlal Ratti, married daughter of deceased herein 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 "Navbharat Times" in vernacular language i.e. Hindi.

3.

Perused the Affidavit dated 9th December 2024 annexed to Chamber Order. It is stated that the Citation was sent for service upon Smt. Asha Gulshanlal Ratti, married daughter of deceased at her address through the Bailiff of Sheriff of Bombay but the same could not be served as she had sold the premises and left without instructions. The Bailiff's Affidavit of Service dated 27th November, 2024 is annexed to the Affidavit in Support. The Applicant therefore requested to permit her to serve the Citation upon Smt. Asha Gulshanlal Ratti, by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Navbharat Times" in

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) vernacular language i.e. Hindi.

Contd.. ..2/- 4.CHOL/18/2025 In TP/789/2023 4.

Perused Para-8 of the Petition, it is mentioned and confirmed that the averment made in the Affidavit.

5.

Heard. The Ld. Advocate for the Applicant submits that the Citation was sent for service upon Smt. Asha Gulshanlal Ratti, married daughter of deceased at her address through the Bailiff of Sheriff of Bombay but the same could not be served as she had sold the premises and left without instructions. He further submits that the Bailiff's Affidavit of Service dated 27th November, 2024 is annexed to the Affidavit in Support. T He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 9th December 2024 annexed to the Chamber order and averment made in Para-9 of the Petition, the Chamber Order is granted and signed separately. The Applicant is directed to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) "Navbharat Times" in Hindi language, 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 14 .01.2025