Hemendra Manish Karelia v. Jayeshree Tiwariri Urf Kareliya Deceased

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 24th November, 2025 CALLED FOR DIRECTION:

1.CHOL/ 540/2025 ) ) ) Ms. Kavita Shinde, Advocate for the Applicants / Petitioner IN TP/335/2024 P.C.

By this Chamber Order the Applicant seeks permission to serve the Notice upon ALL CONCERNED of the deceased, by way of substituted service as per schedule annexed to the Chamber Order. 2.

Perused the schedule. The Applicant applies for publication of Notice in two newspapers viz. "Free Press Journal" in English Language and in "Divya Bhaskar " in vernacular language i.e. Gujarati.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit in support that, the Applicant had filed the above Petition before this Hon'ble Court for obtaining Succession Certificate in respect of certain debts belonging to the deceased Jayeshree Tiwari @ Kareliya alias Jayshree Vishambar Tiwari alias Jayshree Manish Kareliya @ Karelia alias Jayashree Manish Kareliya. It is further stated that, the said deceased was governed by the provision of Section 15 of Hindu Succession Act, 1956 and the deceased died as widow and the parents of the deceased are predeceased the deceased. It is further stated that, the Deceased was married to Mr. Manish Karelia somewhere in the year 1982 and out of the said wedlock deceased had only son i.e. Applicant and had no

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daughter and no son. It is further stated that, the names and whereabouts of the legal heirs of the deceased from her father and mother side as provided under Section 15(1) (d) and (e) the Hindu Succession Act, 1956, are not known to the Applicant. It is further stated that, the Applicant tried to search the whereabouts of the heirs of the father and mother of the deceased, from her relative and family friends, but despite due and diligent search, he could not find the same. The Applicant, therefore, requested to permit her to publish the Notice in two newspapers viz. "Free Press Journal" in English Language and in "Divya Bhaskar" in vernacular language i.e. Gujarati having circulation in Mumbai, by way of substituted service upon ALL CONCERNED of the deceased.

4.

Heard. Ld. Advocate for the Applicant submits that, the Applicant is the son who had filed the above Petition before this Hon'ble Court for obtaining Succession Certificate in respect of certain Debts belonging to the deceased. He further submits that, the deceased died as widow and the parents of the deceased are predeceased the deceased. He further submits that, Deceased was married to Mr. Manish Karelia somewhere in the year 1982 and out of the said wedlock deceased had only son i.e. Applicant and had no daughter and no other son. He further submits that, the names and whereabouts of the legal heirs of the deceased from her father and mother side as provided under Section 15(1) (d) and (e) the Hindu Succession Act, 1956, are not known to the Applicant. He further submits that, the Applicant tried to search the whereabouts of the heirs of the father and mother of the deceased, from her relative and family friends, but despite due and diligent search, he could not

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find the same. She, therefore, prays that the Chamber Order be allowed.

5.

Perused para 10 of the Petition. For the reasons mentioned in the affidavit in support the Chamber Order is allowed. Applicant to publish the Notice in two newspapers viz. "Free Press Journal" in English Language and in "Divya Bhaskar" in vernacular language i.e. Gujarati widely circulated in Mumbai, by way of substituted service upon ALL CONCERNED within four weeks from the date of uploading this Order. Applicant to file the affidavit of publication once the Notice is published within two weeks thereafter.

6.

Registry is directed to issue fresh Notice, if required 24.11.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk