Dilipkumar Madhadas Bhatia v. Vijaysinh Parmanand Lilani

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 23rd January, 2025 CALLED FOR DIRECTION:

2.CHOL/31/2025 ECHCBM02125652023 In TP/1754/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Dipak Gaikawad, 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 "Mumbai Samachar" in vernacular language i.e. Gujarati.

3.

Perused the Affidavit dated 5th December, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the said deceased has died issueless and has not left any surviving legal heirs. It is further stated that there are no long heirs from paternal or maternal side, as per Hindu Succession Act, 1956. It is further stated that the petitioner has made diligent search for getting address for knowing legal heirs and relatives of the deceased but none have been found. The Applicant therefore requested to permit her 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 "Mumbai Samachar" in vernacular language i.e. Gujarati. ..2/-

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

4.

Perused Para-9 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 said deceased has died issueless and has not left any surviving legal heirs. He further submits that there are no long heirs from paternal or maternal side, as per Hindu Succession Act, 1956 and the petitioner has made diligent search for getting address for knowing legal heirs and relatives of the deceased but none have been found. He further submits that the Applicant / Petitioner be permitted to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) "Mumbai Samachar" in Gujarati language. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 5th December, 2024 annexed to the Chamber order and averment made in Para-9 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) "Mumbai Samachar" 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 23.01.2025