Tushar Harshad Patel v. Manjuben Mohanbhai Patel Alias Manju Mohanbhai Patel

Sah Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.)/ Addl. Prothonotary and Senior Master Date : 26th March, 2024.

FOR DIRECTION :

Ms. Madhuri Gaikwad i/b. MG Legal, Advocate for the Petitioner.

2. CHOL/58/2024 In TP/3846/2023 P.C. :

1.

The present Chamber Order is taken out to serve the Citation upon all concerned 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 "Bombay Samachar" in vernacular language i.e. Gujarati.

3.

Perused the Affidavit dated 11th January, 2024 annexed to Chamber Order. In Para-3 of the said Affidavit, it is stated that the deceased died as spinster. It is also stated that address of the legal heirs viz. Girish Mohanbhai Patel and Mahendra Mohanbhai Patel or not known to the petitioner. It is further stated the petitioner is not aware of the legal heirs of the deceased. In Para-2 of the Additional Affidavit, the Petitioner had stated that he is not aware about whereabouts of the legal heirs of the deceased and therefore, requested to publish all concerend Citation in two newspapers viz. "Free Press Journal" in English Language and in "Bombay Samachar" in vernacular language i.e.

Gujarati, as the whereabouts of the heirs of the deceased are not known to the Petitioner.

4.

Perused the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the whereabouts of the legal heirs of the deceased viz.1. Girish Mohanbhai Patel and 2)Mahendra Mohanbhai Patel who had predeceased the deceased and their legal heirs are not known to the Petitioner.

5.

Hence, for the reasons stated in Affidavit dated 11.01.2024 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 two newspapers viz. "Free Press Journal" in English Language and in "Bombay Samachar" in vernacular language i.e. Gujarati, 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.)/ 26.03.2024 Addl. Prothonotary and Senior Master