Prafulla Kishore Jariwala v. Kishore Jethalal Jariwala Alias Kishore Jariwala (Deceased)

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 7th October, 2024 CALLED FOR DIRECTION :

2.CHOL/427/2024 In TP/4314/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Anis Ghogari, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon Ashish Patel (Nephew of the deceased No.1 and Son of Deceased No.2) 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 a newspaper viz. "Houston Chronicles" in English language at Texas, USA.

3.

Perused the Affidavit dated 9th July, 2024 annexed to Chamber Order. In Para-2 of the said Affidavit, it is stated that the deceased No.2 had died at Harvard ST, Houston, Harris, Texas, USA. It is further stated that the son of Deceased No.2, who is also nephew of the Deceased No.1 is not in contact with any person. It is further stated that the Petitioner made enquiries with relatives and family friends about him but no one knows his whereabouts, hence the Petitioner is unable to trace him. The Petitioner further prayed that he may be permitted to publish the Citation in a newspaper viz. "Houston Chronicles" in English language at Texas, USA.

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) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :

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 the Citation was sent for service upon the said Ashish Patel at USA but the same was returned by the Postal Authorities without any remark. She further submits that an Affidavit of Service dated 7th May, 2024 is already filed. She therefore prays that the Petitioner be permitted to publish the Citation in a newspaper viz. "Houston Chronicles" in English language at Texas, USA, as and by way of substituted service. The Affidavit of Service dated 7th May, 2024 is on record. Hence, for the reasons stated in Affidavit dated 9th July, 2024 annexed to the Chamber order and averment made in Para-4 of the Petition, the present Chamber order is granted, and the same is signed separately. 6.

Publication of Citation to be done in a newspaper viz. "Houston Chronicles" in English language at Texas, USA, within two 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 07.10.2024