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Bombay High CourtCHOL/106/2025disposed off

Harsh Kishor Chawhan v. Leelavati Jethalal Parmar

2025-04-01E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 01st April, 2025 CALLED FOR DIRECTION:

1.CHOL/106/2025 AMH20240000248C202400010 In TP/3459/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Hemant Ghadigaonkar, 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 "Janmabhoomi" in vernacular language i.e. Gujarati. 3.

Perused the Affidavit dated 24th June, 2024 and Additional Affidavit dated 19th March, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the deceased died as bachelor and left no Class-I and Class-II heirs as per the Hindu Succession Act, 1956. It is further stated that the Applicant has taken due and diligent search for the other legal heirs and could find out any of them. The Applicant therefore requested to permit him to publish the Citation upon all concerned by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Janmabhoomi" in vernacular language i.e. Gujarati. 4.

Perused Para-9 of the Petition, it is mentioned and ..2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :

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 bachelor and left no Class-I and Class-II heirs as per the Hindu Succession Act, 1956 and the Applicant had taken due and diligent search for the legal heirs and could find out any of them. He further submits that the Applicant / Petitioner be permitted to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) "Janmabhoomi" in Gujarati language. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 24th June, 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) "Janmabhoomi" 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 01.04.2025