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Bombay High CourtCHOL/168/2024disposed off

Rishabh Kishsore Mehta (Alias Rushabh Kishore Mehta And 2 ORS. v. Bachu Phiroze Panthaki (Deceased)

2024-04-18E.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 : 18 th April, 2024.

FOR DIRECTION :

4.CHOL/168/2024 Mr. Kaizad Dalal i/b. M/s. Wadia Ghandy & Co., Advocate for the Applicant / Petitioner. In TP/3616/2023 P.C. : 1.

The present Chamber Order is taken out to serve all concerned Citation upon the legal heirs of the deceased 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 "Jame Jamshed" in vernacular language i.e. Gujarati.

3.

Perused the Affidavit dated 4th April, 2024 annexed to Chamber Order. In Para-1 of the said Affidavit, it is stated that the deceased was spinster and had only two sisters both of them were also spinsters and had predeceased the deceased. It is further stated that the Petitioners are not ..2/-

: 2 :

aware of the heirs of the deceased.

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.

Hence, for the reasons stated in th April, 2024 annexed to the Affidavit dated 4 Chamber order and averment made in Para-9 of the Petition, the present Chamber order is granted, and the same is signed separately.

6.

Publication of Citation to be done one in English newspaper in "Free Press Journal"

and one in "Jame Jamshed" in Gujarati newspaper vernacular language, within four weeks from the date of uploading the order.

Office is directed to issue fresh Citation, if required.

7.

Advocate to file Affidavit annexing therewith the newspapers within two weeks once the publication is done.

Addl. Registrar (O.S.)/ 18.04.2024 Addl. Prothonotary and Senior Master