Anita Ganpatlal Patel v. Vidyaben Ambalal Patel

ssd Before: E.B. SIVAKUMAR Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 04th April, 2024 CALLED FOR DIRECTION:

12. CHOL/130/2024 (ECHCBM02015762024) IN TP/4204/2022 Mr. S. U. Lakdawala with Ms. Jyoti Badgujar, Adv. for the Petitioner.

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

1. The present Chamber Order is taken out to serve All Concerned Citation upon the legal heirs of the deceased, 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 All Concerned 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 10th April 2023 annexed to Chamber Order. In Para2 of the said Affidavit, it is stated that the deceased had no son and the petitioner is the adopted daughter. It is further stated that the husband of the deceased predeceased the deceased and her husband do not have any brother or sisters or heirs from his parents side.

4) In para 3 of the said Affidavit, it is stated that the Petitioner is not aware about the whereabouts of the legal heirs of the deceased. The petitioner has sought permission to serve citation upon aforesaid

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) legal heir of the deceased by way of substitute service by publication of citation in local newspapers one in "Free Press Journal" in English Language and in "Janmabhoomi" in vernacular language i.e.

Gujarati.

5.

Perused the Petition. It is mentioned and confirmed that the averment made in the Affidavit in respect of the next of kin of the deceased, whose addresses or not known to the Petitioner.

6.

Hence, for the reasons stated in Affidavit dated 10th April 2023 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 in newspapers i.e. in "Free Press Journal" in English language and one in "Janmabhoomi" 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.

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 04.04.2024