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Bombay High CourtCHOL/22/2025disposed off

Rohinton Tehmurusp Majoo Alias Rohinton Tehmurasp Majoo Alias Rohinton T. Majoo v. Freny Sorabji Bharucha Alias Freny S Bharucha

2025-01-16E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 16th January, 2025 CALLED FOR DIRECTION:

4.CHOL/22/2025 ECHCBM02143842024 In TP/1921/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Nisha Sharma, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon all concerned 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 "The Parsi Times" in vernacular language i.e. Gujarati.

3.

Perused the Affidavit dated 21st December, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the deceased died as spinster and the Applicant is not aware of the existence of heirs of the deceased. It is further stated that the Applicant had enquired with various friends and acquaintances about the whereabouts of legal heirs of deceased but none of them are aware of any of the legal heirs. The Applicant has therefore requested to permit him to publish the Citation upon all concerned by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "The Parsi Times" in vernacular language i.e. Gujarati.

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) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 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 deceased died as spinster and the Applicant is not aware of the existence of heirs of the deceased. She further submits that the Applicant had enquired with various friends and acquaintances about the whereabouts of legal heirs of deceased but none of them are aware of any of the legal heirs. She therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 21st December, 2024 annexed to the Chamber order and averment made in Para-8 of the Petition, the Chamber Order is allowed. The Applicant is directed to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) "The Parsi Times" in Gujarati 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 16.01.2025