Mrs. Roopa Diesh Bhatt Alias Roopa R. Shah v. Pradipkumar Kanjibhai Parekh

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

4.CHOL/504/2024 In TP/69/2023 Ms. Mamta Dave, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon the non-consenting legal heirs of Late Pradeepkumar Kanjibhai Parekh of the said deceased i.e. Naina Praful Zatakiya sister of the said deceased and Kirti Kanjibhai Parekh brother 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 20th August, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the citation sent to Naina Praful Zatakiya, one of the married sister of Late Pradeepkumar Kanjibhai Parekh at Mira Road East, through the Sheriff of Bombay was returned with the remark "Left". It is further stated that the Citation sent to Kirti Kanjibhai Parekh brother of Late Pradeepkumar Kanjibhai Parekh of the deceased at Mira Road East ..2/-

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through the Bailiff was returned with the remark "Refused". The Bailiff has filed an Affidavit of Service dated 12th June, 2024. The Applicant therefore requested to permit him to publish the Citation upon non-consenting legal heirs of Late Pradeepkumar Kanjibhai Parekh of the said deceased i.e. Naina Praful Zatakiya sister of the said deceased and Kirti Kanjibhai Parekh brother 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-10 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. He further submits that the citation sent to Naina Praful Zatakiya, one of the married sister of Late Pradeepkumar Kanjibhai Parekh through the Sheriff of Bombay was returned with the remark "Left" and the Citation sent to Kirti Kanjibhai Parekh brother of Late Pradeepkumar Kanjibhai Parekh of the deceased through the Bailiff was returned with the remark "Refused". He therefore prays that the Chamber Order be allowed. For the reasons stated in Affidavit dated 20th August, 2024 annexed to the Chamber order and averment made in Para-10 of the Petition, the present Chamber order is granted, and the same is signed separately.

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6.

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