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Bombay High CourtCHOL/125/2024disposed off

Atul Sharad Kumar v. Sumedh Harilal Shah

2024-04-02E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

ssd Before: E.B. SIVAKUMAR Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 2nd April, 2024 CALLED FOR DIRECTION:

6. CHOL/125/2024 (ECHCBM02057882024) in TP/2334/2022 Mr. Swapnila Rane, Adv. for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P. C. :

1.

The present Chamber Order is taken out to serve all concern Citation upon the legal heirs by way of substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Petitioner is seeking permission to publish all concern Citation in two newspapers viz. "Free Press Journal" in English Language and in "Janmabhumi" in vernacular language i.e.

Gujarati.

3.

Perused the Affidavit dated 26th February 2024 annexed to Chamber Order.

In Para-1 of the said Affidavit, it is stated that the deceased do not have there is no legal heirs from paternal and maternal side.

4.

In Para 4, of the said Affidavit the petitioner has sought permission to serve all concerned citation by way of substitute service by publication of citation in local newspapers one in "Free Press Journal" in English Language and in "Janmabhumi" in vernacular language i.e. Gujarati.

5.

Perused the Petition. In Para 9, it is

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) mentioned and confirmed that the averment made in the Affidavit in respect of the whereabouts of next of kin 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 "Janmabhumi" in Gujarati 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.) / Addl. Prothonotary and Senior Master 02.04.2024