Maqbul Husain Vali Munshi v. Hanifa Dawood Yusuf Patel Alias Hanifa Dawoodyusuf Patel Alias Hanifa D Patel Alias Hanifaben Alia

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 24th April, 2025 CALLED FOR DIRECTION:

5.CHOL/201/2025 AMH20230011720C202400024 In TP/879/2024 Mr. Ajit Hodage a/w. Mr. Deepak Sonkamble, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Notice upon all concerned 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 Notice in two newspapers viz. "Free Press Journal" in English Language and in "Urdu News" in vernacular language i.e. Urdu.

3.

Perused the Affidavit dated 14th October, 2024 annexed to Chamber Order. It is stated in the said Affidavit that Mr. Dawood Yusuf Patel, husband of the deceased when missing more than 30 years ago and his whereabouts not known to anybody. The Applicant has further stated that the deceased and other family members had took efforts to find him but despite their efforts the said Dawood Yusuf Patel could not be found. The Applicant further submits that when Mr. Dawood Yusuf Patel was missing, he was 65 years old and since then 30 years have been passed and therefore, the Applicant / Petitioner believes that the husband of the ..2/-

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deceased is no longer alive, however by way of abundant precaution, the Applicant / Petitioner wishes to effect substituted service of Notice upon the husband of the deceased by publication in newspapers. The Applicant therefore requested to permit him to publish the Notice upon all concerned by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Urdu News" in vernacular language i.e. Urdu.

4.

Perused Para-4 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.

Heard. The Ld. Advocate for the Applicant submits that Mr. Dawood Yusuf Patel, husband of the deceased when missing more than 30 years ago and his whereabouts not known to anybody. He further submits that the deceased and other family members had took efforts to find him but despite their efforts the said Dawood Yusuf Patel could not be found. He further submits that when Mr. Dawood Yusuf Patel was missing, he was 65 years old and since then 30 years have been passed and therefore, the Applicant / Petitioner believes that the husband of the deceased is no longer alive, however by way of abundant precaution, the Applicant / Petitioner wishes to effect substituted service of Notice upon the husband of the deceased by publication in newspapers. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 14th October, 2024 annexed to the Chamber order and averment made ..3/-

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in Para-4 of the Petition, the Chamber Order is allowed. The Applicant is directed to publish the Notice in two newspapers viz. (1) "Free Press Journal" in English and (2) "Urdu News" in Urdu language, within four eight from the date of uploading the order. Office is directed to issue fresh Notice, 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