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Bombay High CourtCHOL/405/2024disposed off

Sunil Parshottam Kukreja v. Kamla Parshottam Kukreja (Decased)

2024-09-12E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)3 pages

ssd Before: E.B. SIVAKUMAR Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th September, 2024 CALLED FOR DIRECTION:

Mr. Atul Mody, Adv. for the Petitioner.

P. C. :

1.

The present Chamber Order is taken out to serve the Citation upon Sunita Kukreja alias Sonia Kukreja alias Sonia Sengupta, daughter 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 "Hindwasi" in Sindhi language.

3.

Perused the Affidavit in support dated 1st August, 2024. It is stated in the Affidavit that at the time of death of the deceased she had fixed place of abode at New York. It is further stated that Sunita Kukreja alias Sonia Kukreja alias Sonia Sengupta, the daughter of the deceased was also residing in USA and suddenly one day in the year 2012, she had left her home and move to some unknown place.

Contd.. ..2/- The Petitioner had carried out the diligent search but she could not find her whereabouts. It is further stated that she did not contact the parents thereafter. The petitioner had also made efforts to trace the said daughter of the deceased by visiting social media sites such as facebook, massengers, instragram but her whereabouts could not be found. She has therefore requested to permit her to publish the Citation in the newspapers "Free Press Journal" in English Language and in "Hindwasi" in Sindhi language.

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. Heard. The Ld. Adv. for the Petitioner submits that the whereabouts of the nephew of the deceased is not known to the Petitioner despite diligent search. He further submits that the Chamber Order be allowed and the Petitioner be permitted to publish the Citation in "Free Press Journal" in English Language and in "Hindwasi" in Sindhi language.

6.

For the reasons stated in Affidavit dated 1st August, 2024 and averments made in Para-9 of the Petition, the present Chamber order is

Contd.. ..3/- granted, and the same is signed separately.

7.

Publication of Citation to be done in "

"Free Press Journal" in English Language and in "Hindwasi" in Sindhi language, as and by way of substituted service within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required, with the returnable date.

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

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 12.09.2024