Rajendra Kumar Dadha v. Ladbai Ghasimalji Dadha

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 06th February, 2025 CALLED FOR DIRECTION:

2.CHOL/49/2025 AMH20240128707C202400018 In TP/2044/2024 Mr. D. R. Mishra, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon all Concerned, and (1) Legal heirs of Manoharmalji Anopchandji Maloo (Brother of the deceased), (2) Legal heirs of Poonamchandji Anopchandji Maloo (Brother of the deceased), (3) Legal heirs of Ghyanchandji Anopchandji Maloo (Brother of the deceased), (4) Legal heirs of Gumnamji Anopchandji Maloo (Brother of the deceased), 5) Manchandji Anopchandji Maloo (Brother of the deceased) and 6) Legal heirs of Gyanbai Golcha (since deceased) (Sister 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. "India Express" in English Language and in "Yashobhoomi" in vernacular language i.e. Hindi. 3.

Perused the Affidavit dated 21st October, 2022 annexed to Chamber Order. It is stated in the said Affidavit that the deceased died as issueless and the husband and the parents of the deceased predeceased the deceased. The Applicant has further stated that ..2/-

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the Citations sent to the above legal heirs either not claimed nor addressee is not staying there. It is further stated that despite due and diligent search made to find whereabouts of the legal heirs of the deceased but none has been found. The Applicant therefore requested to permit her to publish the Citation in two newspapers viz. (1) "Indian Express" in English and (2) "Yashobhoomi" in Hindi language, upon above said legal heirs.

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 deceased died as issueless and the husband and the parents of the deceased predeceased the deceased. He further submits that the Citations sent to the above legal heirs either not claimed nor addressee is not staying there. He further submits that despite due and diligent search made to find whereabouts of the legal heirs of the deceased but none has been found. The Ld. Advocate further submits that the Petitioner be permitted to publish the Citation in two newspapers viz.

(1) "Indian Express" in English and (2) "Yashobhoomi" in Hindi language, upon above said legal heirs. He, therefore, prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 21st October, 2022 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) "Indian Express" in English and (2) "Yashobhoomi" in Hindi language, within four weeks from the date of uploading ..3/-

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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 06.02.2025