Mandakini Parag Trivedi v. Damyanti Janak Trivedi

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

6.CHOL/501/2024 In TP/3097/2024 Ms. Megha Sanghavi a/w. Ms. Netra Haldankar i/b. M/s. Dhruve Liladhar and Co., Advocates for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon legal heirs of Late Saurabh Janak Trivedi, 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 "Janmabhoomi" in vernacular language i.e. Gujarati.

3.

Perused the Affidavit dated 25th September, 2024 annexed to Chamber Order. In the said Affidavit, it is stated that the Late Mr. Saurabh Janak Trivedi, Son of the deceased, was disowned by the deceased and her family. It is further stated that the said Mr. Saurabh Janak Trivedi left India some time in the year-1991 and started residing in U.S.A. and he had not maintained any contact or relation with the deceased or her family till he expired on 13th October, 2007. Therefore, the Petitioner is not known whereabouts of the legal heirs of the said son of the deceased. The Applicant therefore requested to permit him to publish the ..2/-

: 2 :

Citation upon the aforesaid legal heirs of the Saurabh Janak Trivedi, Son of the deceased by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Janmabhoomi" in vernacular language i.e. Gujarati.

4.

Perused Para-8 of the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the whereabouts of the said son of the deceased are not known to the Applicant. 5.

Heard. The Ld. Advocate for the Applicant submits that the Late Mr. Saurabh Janak Trivedi, Son of the deceased, was disowned by the deceased and her family. He further submits that the said Mr. Saurabh Janak Trivedi left India some time in the year-1991 and started residing in U.S.A. and he had not maintained any contact or relation with the deceased or her family till he expired on 13th October, 2007 and the Petitioner is not known whereabouts of the legal heirs of the said son of the deceased. He therefore prays that the Chamber Order be allowed.

6. For the reasons stated in Affidavit dated 25th September, 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.

7.

Publication of Citation to be done in two newspapers viz. (1) "Free Press Journal" in English and (2) "Janmabhoomi" in Gujarati language, ..3/-

: 3 :

within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.

8. 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