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Bombay High CourtCHOL/496/2024disposed off

Rachna Farrokh Bhoot v. Jimmy Sorabji Major Alias Jimmy Sorbji Major S O Sorabji Major

2024-10-24E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 24th October, 2024 CALLED FOR DIRECTION:

2.CHOL/496/2024 In TP/1317/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Sudhir Kumar Yadav, 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 "Jam-E-Jamshed" in vernacular language i.e. Gujarati.

3.

Perused the Affidavit dated 11th October, 2024 annexed to Chamber Order. In the said Affidavit, it is stated that the deceased died as bachelor and had no brother and sister and no legal heirs from his paternal and maternal side. It is also stated that the Petitioners and the deceased lived together and for more than 10 years no relatives had come and meet the deceased nor he disclosed any relatives. The Petitioner further stated that despite their search they could not find the details of legal heirs of the deceased. 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 "Jam-EJamshed" in vernacular language i.e. Gujarati. ..2/-

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

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 died as bachelor and had no brother and sister and no legal heirs from his paternal and maternal side. He further submits that the Petitioners and the deceased lived together and for more than 10 years no relatives had come and meet the deceased nor he disclosed any relatives. The Petitioner further stated that despite their search they could not find the details of legal heirs of the deceased. He therefore prays that the Chamber Order be allowed. For the reasons stated in Affidavit dated 11th 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 newspapers viz. (1) "Free Press Journal" in English and (2) "Jam-E-Jamshed" in Gujarati 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.

24.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master