Prakash Makhijani v. Rita Malkani

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 09th October, 2024 CALLED FOR DIRECTION:

2.CHOL/453/2024 In TP/1675/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Ratna Bhargavan a/w. Mr. Satyam R. Pandey i/b. M/s. R. Bhargavan and Associates, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon legal heir of Shri Ramchandra R. Malkani (Husband 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" in vernacular language i.e. Hindi.

3.

Perused the Affidavit dated 26th August, 2024 annexed to Chamber Order. In Para-5 of the said Affidavit, it is stated that the deceased had no son and daughter and her husband, Shri Ramchandra R. Malkani predeceased the deceased. It is further stated that the Petitioner is not aware about whereabouts of any Class-II heirs of the husband of the deceased as he had predeceased the deceased and more than 26 years have elapsed since death of deceased. It is therefore prayed that the Petitioner be permitted to effect service of citation upon legal heirs of husband of the deceased by way of publication.

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

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 Shri Ramchandra R. Malkani, Husband of the Deceased whereabouts of any ClassII heirs of the husband of the deceased as he had predeceased the deceased and more than 26 years have elapsed since death of deceased. He further submits that the name of newspaper to publish the Citation in vernacular language is incorrectly written in the Affidavit in Support as "Navshakti" instead of "Navbharat" but in the Schedule to the Chamber Order is written correctly. He, therefore, prays that the Chamber Order be allowed. For the reasons stated in Affidavit dated 26th August, 2024 annexed to the Chamber order, 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" in Hindi language, within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.

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

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 09.10.2024