Rajesh Jivanlal Rawal v. Pramilaben Bhupendra Dekhtawala Alias Pramila Bhupendra Dekhtawala

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th August, 2025 CALLED FOR DIRECTION:

12.CHOL/384/2025 AMH20240126808C202400004 In TP/2011/2024 Mr. Uttam Rane i/b. Mr. Chintan Yogesh Shah, Advocate for the Applicant / Petitioner.

P. C. :

The present Chamber Order is taken out to serve the Citation upon Naresh Hiralal Dekhtawala. brother-in-law 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 "Janmabhoomi" in vernacular language i.e. Gujarati.

3.

Perused the Affidavit in support dated 18th October 2024 annexed to Chamber Order. It is stated in the said Affidavit that Mr. Bhupendra Hiralal Dekhtawala, husband of the deceased predeceased the deceased i.e. died on 16.01.1987 and the deceased died as issueless. It is further stated that the husband of the deceased had three brothers and no sister and one of the brother of the husband of the deceased i.e. Pramod Hiralal Dekhtawala is also predeceased the deceased. It is further stated that Jitendra Hiralal Dekhtawala, brother-in-law of the deceased had also predeceased on 29.03.2020 and the parents and grand parents of the husband of the deceased are also predeceased the deceased. The Applicants

have further stated that they are not in contact and not aware of the residential address of one of the legal heir Mr. Naresh Hiralal Dekhtawala. The Applicants have, therefore, requested to permit them to serve the Citation upon upon Naresh Hiralal Dekhtawala. brother-in-law of the deceased by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Janmabhoomi" in vernacular language i.e. Gujarati.

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 Petitioners.

5.

Heard. The Ld. Advocate for the Applicants submits that Mr. Bhupendra Hiralal Dekhtawala, husband of the deceased predeceased the deceased i.e. died on 16.01.1987 and the deceased died as issueless and that the husband of the deceased had three brothers and no sister and one of the brother of the husband of the deceased i.e. Pramod Hiralal Dekhtawala is also predeceased the deceased. He further submits that Jitendra Hiralal Dekhtawala, brother-in-law of the deceased had also predeceased on 29.03.2020 and the parents and grand parents of the husband of the deceased are also predeceased the deceased. The Ld. Advocate for the applicants have further submits that they are not in contact and not aware of the residential address of one of the legal heir Mr. Naresh Hiralal Dekhtawala. The Ld. Advocate further submits that the Applicants/ Petitioners be permitted to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) "Janmabhoomi" in

vernacular language i.e. Gujarati. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 18th October 2024 annexed to the Chamber order and averment made in Para-9 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) "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.

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 14.08.2025