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Bombay High CourtCHOL/519/2024disposed off

The Maharashtra Executor And Trustee Co Pvt Ltd v. Dr Jogindersingh Saini Alias Dr Jogindersingh Karamsingh Saini

2024-11-22E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)3 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 22nd November, 2024 CALLED FOR DIRECTION:

2.CHOL/519/2024 In TP/2242/2024 Mr. Sagar Ganpat Talekar, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon Mr. Avtarsingh Jogindersingh Saini (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 Times" in vernacular language i.e. Hindi.

3.

Perused the Affidavit dated 8th October, 2024 annexed to Chamber Order. In the said Affidavit, it is stated that the deceased had a son viz. Mr. Avtarsingh Jogindersingh Saini, from the first wife viz. Mrs. Niranjan Kaur, who expired on or about 18th December, 1993. It is further stated that the whereabouts of the said Mr. Avtarsingh Jogindersingh Saini is not known to the Applicant / Petitioner and the deceased during his lifetime never mentioned about his said son from his first wife. It is further stated that the Applicant / Petitioner had tried to locate the address and whereabouts of the said Mr. Avtarsingh Jogindersingh Saini but could not find out. The Applicant therefore prayed to ..2/-

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permit them to publish the Citation upon Mr. Avtarsingh Jogindersingh Saini by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Navbharat Times" 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 deceased had a son viz. Mr. Avtarsingh Jogindersingh Saini, from the first wife viz. Mrs. Niranjan Kaur, who expired on or about 18th December, 1993 and the whereabouts of the said Mr. Avtarsingh Jogindersingh Saini is not known to the Applicant / Petitioner and the deceased during his lifetime never mentioned about his said son from his first wife. He further submits that the Applicant / Petitioner had tried to locate the address and whereabouts of the said Mr. Avtarsingh Jogindersingh Saini but he could not find out. He therefore prays that the Chamber Order be allowed. 6.

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. Publication of Citation to be done in two newspapers viz. (1) "Free Press Journal" in English and (2) "Navbharat Times" in Hindi language, within four weeks from the date of uploading the ..3/-

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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.

22.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master