Navadiya Hareshbhai Jadavbhai v. Chandu Krishna Daftari And Bala Krishna Daftari,

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 08th October, 2024 CALLED FOR DIRECTION:

5.CHOL/441/2024 In TP/2013/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Rujuta Joshi i/b. Ms. Kinjal Kalpesh Shah, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation 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 Citation in two newspapers in the States of Maharashtra and Gujarat viz. (1) "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi, in the State of Maharashtra and (2) "Times of India" in English Language and in "Gujarat Mitra" in vernacular language i.e. Gujarati, in the State of Gujarat.

3.

Perused the Affidavit dated 21st August, 2024 annexed to Chamber Order. In Para-2 of the said Affidavit, it is stated that the Petitioner is not aware of the names and whereabouts of the legal heirs of the deceased as specified in Clause-I and II of Section-8 of Hindu Succession Act, 1956. It is further stated that the Applicant had tried to search the name and whereabouts of the legal heirs of both deceased from their friends and neighbours but despite due and diligent search he could not find the same. The Applicant has therefore applied for publication of citation upon all concerned in the State of Maharashtra and Gujarat.

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

4.

Perused, Para-10-a 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 names and addresses of the legal heirs of both the deceased are not aware and their whereabouts are not known to the Applicant. She further submits that the Applicant had made enquiry with friends and relatives about the whereabouts but none of them are aware of their legal heirs. He therefore prays that the Chamber Order be allowed. For the reasons stated in Affidavit dated 21st August, 2024 annexed to the Chamber order and averment made in Para-10-a 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 in the States of Maharashtra and Gujarat viz. (1) "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi, in the State of Maharashtra and (2) "Times of India" in English Language and in "Gujarat Mitra" in vernacular language i.e. Gujarati, in the State of Gujarat, 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 08.10.2024