Kumar Amitesh Pandey S/O Kameshwar Pandey v. Shanti Ghanshyamdas Mehta Alias Shanti D O Ghanshyarndas Mehta

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 10th October, 2024 CALLED FOR DIRECTION:

2.CHOL/435/2024 In TP/2024/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Rahul Bothra, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon (1) Ajit Mishra, (2) Abhishek Ajit Mishra, (3) Abhimanyu Ajit Mishra and (4) Roop Hari Bhagnari, legal heirs 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 "Navbharat Times" in vernacular language i.e. Hindi.

3.

Perused the Affidavit dated 20th June, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the Citation for service sent to Roop Hari Bhagnari, legal heir of the deceased brother's daughter is returned by the Postal Authorities with a remark "left" and the address of (1) Ajit Mishra, (2) Abhishek Ajit Mishra, (3) Abhimanyu Ajit Mishra, legal heir of the deceased are not known to the Petitioner. It is further stated that since, the Petitioner had left Indian in the year-2011 and shifted to New Jersey, U.S.A., the above named legal heirs of the deceased are not in touch with nor met each other. It is further stated that the Petitioner had taken search of the resident of the said legal ..2/-

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

heirs from the relatives but they were also not aware their whereabouts.

4.

Perused the Petition. In 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. Advocate for the Applicant submit that the (1) Ajit Mishra, (2) Abhishek Ajit Mishra, (3) Abhimanyu Ajit Mishra and (4) Roop Hari Bhagnari, legal heirs of the deceased could not be served with citation and their whereabouts are not known to the Applicant. He further submits that the Applicant is not aware of the whereabouts of the said legal heirs of the deceased. He therefore prays that the Chamber Order be allowed. For the reasons stated in Affidavit dated 20th June, 2024 annexed to the Chamber order and averment made in Para-9 of the Petition, the present Chamber order is granted, and the same is signed separately.

6.

Publication of Citation to be done in two newspapers viz. (1) "Free Press Journal" in English and (2) "Navbharat Times" in Hindi language, 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 10.10.2024