Rekha Jayesh Brahmania v. Shri Shyam Laxman Majethia Alias Sham Laxman Majethia

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 04th December, 2024 CALLED FOR DIRECTION:

5.CHOL/543/2024 In TP/402/2018 Mr. Prabhu Velar, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon Jaswanti Shyam Majethia alias Jaswanti Shyam Kharwa (Widow 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 29th August, 2024 annexed to Chamber Order. In the said Affidavit, it is stated that the widow of the deceased deserted the deceased and she is not traceable since 1987-88. It is further stated that the widow of the deceased as well as mother of the Petitioner never visited to see the deceased during the lifetime nor had given any details about her whereabouts. It is further stated that the Applicant / Petitioner had tried to search the whereabouts of the said legal heir of the deceased from family, ..2/-

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friends and relatives but despite due and diligent search, the Applicant / Petitioner could hear from anyone. The Applicant therefore prayed for publication of Citation by way of substituted service upon widow of the deceased.

4.

Perused Para-5 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 widow of the deceased deserted the deceased and she is not traceable since 1987-88. He further submits that the widow of the deceased as well as mother of the Petitioner never visited to see the deceased during the lifetime nor had given any details about her whereabouts. He further submits that the Applicant / Petitioner had tried to search the whereabouts of the said legal heir of the deceased from family, friends and relatives but despite due and diligent search, the Applicant / Petitioner could hear from anyone. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 29th August, 2024 annexed to the Chamber order and averment made in Para-5 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. ..3/-

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(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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 04.12.2024