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Bombay High CourtCHOL/57/2024disposed off

Sahil Anil Jain v. Late Parvati Praksh Chander Gupta Alias Parvati Prakash Chandra Gupta

2024-03-01E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)3 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.)/ Addl. Prothonotary and Senior Master Date : 1 st March, 2024.

FOR DIRECTION :

1.CHOL/57/2024 Ms. Akshata Kadam i/b. M/s. Mulani and Co., Advocate for the Applicant / Petitioner.

In TP/2844/2023 P.C. : 1.

The present Chamber Order is taken out to serve the Citation upon Mr. Ashish Manmohan Agarwal (Grandson 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. "Free Press Journal" in English Language and in "Nava Bharat" in vernacular language i.e. Hindi.

th 3.

Perused the Affidavit dated 17 January, 2024 annexed to Chamber Order.

In Para-4 of the said Affidavit, it is stated that an attempt to serve the Citation through the Bailiff was made at the last ..2/-

: 2 :

known address but the same has been returned back with Postal remark "Address insufficient". In Para-8 of the Affidavit, the Petitioner had stated that he is not aware of any other / alternate address, hence it is essential to take steps to publish a Citation in newspapers as the whereabouts of the heirs of the deceased are not known to the Petitioner.

4.

Perused Para-8 of the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the last known address known to the Petitioner.

5.

Hence, for the reasons stated in th January, 2024 annexed Affidavit dated 17 to the Chamber order and averment made in Para-8 of 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 "Free Press Journal" and one in "Nava Bharat" in ..3/-

: 3 :

Hindi newspaper vernacular 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.)/ 01.03.2024 Addl. Prothonotary and Senior Master