Mukesh Himmatlal Solanki v. Dr Pramila Jivraj Lodaya
msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.)/ Addl. Prothonotary and Senior Master Date : 08 th March, 2024.
FOR DIRECTION :
9.CHOL/56/2024 Mr. Yogesh Bane, Advocate for the Applicant / Petitioner.
In TP/1293/2018 P.C. : 1.
The present Chamber Order is taken out to serve the Citation upon non-cosending legal heirs viz. Charulata M. Shah and Kala Kant Shah niece of the deceased, by way 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.
"Business Standard"
in English Language and in ""Janma Bhoomi" in vernacular language i.e. Gujarati.
3.
Perused the Affidavit dated 13th February, 2024 annexed to Chamber Order. In Para-4 of the said Affidavit, it is stated that the petitioner is not aware of the whereabouts above name legal heirs of the deceased. The petitioner has also filed an additional affidavit in support of ::2/-
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the Chamber Order, it is stated in paragraph 4 that the packets containing copy of citation petition sent to the nonconsent of legal heirs were returned by the postal authorities.
4.
Perused the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the whereabout of the legal heirs of the deceased which are not known to the Petitioner.
5.
Hence, for the reasons stated in Affidavits dated 13th February, 2024 and 28th February,2024 annexed to the Chamber order and averment made in the Petition, the present Chamber order is granted, and the same is signed separately.
6.
Publication of Citation to be done one in English newspaper in "Business Standard" and one in "Janma Bhoomi" in Gujarati newspaper in vernacular ...3/-
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language, within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.
7.
Advocate to file Affidavit annexing therewith the newspapers within two weeks once, the publication is done.
Addl. Registrar (O.S.)/ 08.03.2024 Addl. Prothonotary and Senior Master