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Bombay High CourtCHOL/191/2025disposed off

Zohra Fakhrudin Contractor v. Abdulkaiyum Abdullabhai Karva(Deceased)

2025-04-24E.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 : 24th April, 2025 CALLED FOR DIRECTION:

4.CHOL/191/2025 AMH20240128707C202400020 In TP/1607/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Dhanishankar Mishra, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Mr. Ismail Ebrahimbhai Bootawala (Nephew 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 Citation in two newspapers viz. "Free Press Journal" in English Language and in "Inquilab" in vernacular language i.e. Urdu.

3.

Perused the Affidavit dated 19th November, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the Citation sent to Mr. Ismail Ebrahimbhai Bootawala (Nephew of the deceased) through the Bailiff was returned with a Postal remark "Addressee is not staying at this address". It is further stated that the Applicant has made diligent search for the address and whereabouts of the said legal heirs and residential address is not available. The Applicant therefore requested to permit her to publish the Citation upon Mr. Ismail Ebrahimbhai Bootawala (Nephew of the deceased) by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Inquilab" in vernacular language i.e. Urdu.

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4.

Perused Para-4 of the Petition, it is mentioned that the deceased had no issues.

5.

Heard. The Ld. Advocate for the Applicant submits that Citation sent to Mr. Ismail Ebrahimbhai Bootawala (Nephew of the deceased) through the Bailiff was returned with a Postal remark "Addressee is not staying at this address". He further submits that the Applicant has made diligent search for the address and whereabouts of the said legal heirs and residential address is not available. He therefore submits that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 19th November, 2024 annexed to the Chamber order and averment made in Para-4 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) "Inquilab" in Urdu language, within eight 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 24.04.2025