Padamkumar Champalal Jain v. Champalal Budharmal Jain

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 25th October, 2024 CALLED FOR DIRECTION:

1.CHOL/458/2024 In TP/515/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Riddhi Vora i/b. Mr. Satish J. Agarwal, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon Abhaykumar Champalal Jain (Son 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 18th April, 2024 annexed to Chamber Order. In the said Affidavit, it is stated that the Citation sent for service upon Abhaykumar Champalal Jain, legal heir of the deceased at his last known address through the Sheriff of Bombay by RPAD was returned by the Postal Authorities with remark "Left". It is further stated that the Bailiff has filed an Affidavit of Service dated 26th December, 2024, a copy of the same is at Exhibit - "A" to the Affidavit in Support. The Applicant therefore requested to permit him to publish the Citation upon him by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in ..2/-

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

"Navbharat" in vernacular language i.e. Hindi. 4.

Perused Para-8 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 Abhaykumar Champalal Jain (Son of the deceased) could not be served as the citation sent for service at the last known address was returned by the Postal Authority with a remark "Left" and his whereabouts are not known to the Applicant. He therefore prays that the Chamber Order be allowed. For the reasons stated in Affidavit dated 18th April, 2024 annexed to the Chamber order and averment made in Para-8 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" in Hindi language, within six 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.

25.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master