Farzan Dinyar Madon v. Minoo Wadiabehram N (Org. Petitioner) Nergish Jamshedji Karbhari Deceased

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

3.CHOL/64/2025 AMH20240129049C202400005 In TP/4187/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Hussain Dholkawala i/b. KRY Legal, 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 25th October, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the deceased died as spinster and the parents of the deceased predeceased the deceased. The Applicant has further stated that the Deceased had one brother, Khushroo Jamshedji Karbhari and one Sister, Amavaz Jamshedji Karbhari, both of them were also unmarried. Khushroo Jamshedji Karbhari expired on 13.08.2013 and Amavaz Jamshedji Karbhari expired on 05.04.1998. 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) "Free Press Journal" in English and (2) "Mumbai Samachar" in Gujarati language, upon all concerned. ..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 deceased died as spinster and the parents of the deceased predeceased the deceased and the Deceased had one brother, Khushroo Jamshedji Karbhari and one Sister, Amavaz Jamshedji Karbhari, both of them were also unmarried. Khushroo Jamshedji Karbhari expired on 13.08.2013 and Amavaz Jamshedji Karbhari expired on 05.04.1998. 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) "Free Press Journal" in English and (2) "Mumbai Samachar" in Gujarati language, upon all concerned. He, therefore, prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 25th October, 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 06.02.2025