Bombay High CourtCHOL/104/2024disposed off

Rutton Pirosha Nanji v. Sam Framroj Lala Alias Sam (Sammy) Framroj Lala

2024-03-19E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

ksa Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.)/ Addl. Prothonotary and Senior Master Date : 19th March, 2024.

FOR DIRECTION :

17.

CHOL/104/2024(ECHCBM02044432024) In TP/441/2024 Ms. Rohma Hameed Huq a/w. Esha Nangre,Advocates i/b. Zerick Dastur Associates for Petitioner.

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 " Gujarat Samaachar" in vernacular language i.e. Gujarathi. 3) Perused the Affidavit dated 26th February, 2024 annexed to Chamber Order. In Para-2 of the said Affidavit, it is stated that the deceased died as bachelor. The deceased do not have any legal heirs. The deceased also do not have any brother and sister and no paternal and maternal legal heirs left behind by the deceased.

4) Para 3 the petitioner has stated that the petitioner has sought permission to serve citation upon all concerned by way of publication of citation in local newspapers one in "Free Press Journal" in English Language and in "Gujarat Samchaar" in vernacular language i.e. Gujarathi. ...2/-

::2::

5) Perused the Petition. In para 8 it is mentioned and confirmed that the averment made in the Affidavit in respect of the whereabouts of the legal heirs of the deceased which are not known to the Petitioner.

6) Hence, for the reasons stated in Affidavit dated 26th 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.

7) Publication of Citation to be done one in English newspaper in "Free Press Journal" and one in "Gujarat Samchaar" in Gujarathi newspaper in vernacular language, within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required. 8) Advocate to file Affidavit annexing therewith the newspapers within two weeks once, the publication is done. Addl. Registrar (O.S.)/ 19.03.2024 Addl. Prothonotary and Senior Master.