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Bombay High CourtCHOL/188/2024disposed off

Brinder Singh Mutti v. Beant Singh Mutti

2024-04-30E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)3 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.)/ Addl. Prothonotary and Senior Master th April, 2024.

Date : 30 FOR DIRECTION :

7. CHOL/188/2024 Ms. Anita U. Sonurlekar i/b. Mr. Chacko Joseph, Advocate for the Applicants / Petitioners.

In TP/2023/2023 P.C. : 1. The present Chamber Order is taken out for substituted service of the Citation upon Mrs. Bhupinder Kaur Mutti (Second Wife of the Deceased) and Devinder Singh Mutti (Son of the Deceased) by way publication in two local newspapers, 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 "Ajit Jalandar" in vernacular language i.e. Punjabi.

nd 3.

Perused the Affidavit dated 2 February, 2024 annexed to Chamber ..2/-

: 2 :

Order. In Para 2 of the said Affidavit, it is stated that the deceased did not mention in his Will the address of Mrs.

Bhupinder Kaur Mutti (Second Wife of the Deceased) and Devinder Singh Mutti (Son of the Deceased). It is further stated that the Petitioner have taken all possible measures to find out their whereabouts for effecting service.

4.

Perused Para 9 of the Petition, it is mentioned and confirmed that the averments made in the Affidavit that the whereabouts of the legal heirs of the deceased are not known to the Petitioner.

5.

Hence, for the reasons stated in nd February, 2024 Affidavit dated 2 annexed to the 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 ..3/-

: 3 :

Journal" and one in "Ajit Jalandar" in Punjabi newspaper vernacular language, within eight weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required, with the returnable date.

7.

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

Addl. Registrar (O.S.)/ 30.04.2024 Addl. Prothonotary and Senior Master