Kamarjahan Munnalal Shaikh v. Munnalal Janmohammed Shaikh Deceased

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 13th November, 2024 CALLED FOR DIRECTION:

3.CHOL/468/2024 In TP/3110/2024 Mr. Ramesh Gupta, 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 viz. "Free Press Journal" in English Language and in "Urdu News" in vernacular language i.e. Urdu.

3.

Perused the Affidavit dated 8th October 2024 annexed to Chamber Order. It is stated in the said Affidavit that the deceased has six daughters and has no sons from his Second wife and the deceased has two daughters and no son from the first wife. It is further stated that the Petitioner does not have any information about the first wife is alive after the death of the deceased. It is further stated that the citation has been sent to the first wife and children of the deceased at the last known address through the Sheriff of Bombay but it was returned unserved with remark "Insufficient address". The Bailiff has filed an Affidavit of Service ..2/-

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dated 28th August, 2024. The Applicant therefore requested to permit them to publish the Citation upon all concerned by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Urdu News" in vernacular language i.e. Urdu.

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 deceased has six daughters and has no sons from his Second wife and the deceased has two daughters and no son from the first wife. He further submits that the Petitioner does not have any information about the first wife is alive after the death of the deceased. He further submits that the citation sent for service upon the first wife and children of the deceased at the last known address through the Sheriff of Bombay but it was returned unserved with remark "Insufficient address". He therefore prays that the Chamber Order be allowed. For the reasons stated in Affidavit dated 8th October, 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 ..3/-

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newspapers viz. (1) "Free Press Journal" in English and (2) "Urdu News" in Urdu 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.

13.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master