Ashit Manordas Mehta v. Meena Nitin Mehta (Deceased)

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

7.CHOL/547/2024 In TP/2482/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. B. K. Bali i/b. Bali Associates, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon legal heirs of Mr. Nitin Mehta 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 "Divya Bhaskar" in vernacular language i.e. Gujarati.

3.

Perused the Affidavit dated 8th March, 2024 annexed to Chamber Order. In the said Affidavit, it is stated that the mother-in-law and father-in-law had predeceased her husband and that no other relatives of her husband, wherein touch with her husband and or with her. It is further stated that they have never been in touch with the Petitioner and any of the members of his family. Therefore, the Petitioner is not in position to serve the Citation upon them and sought permission for substituted service upon the heirs of the husband of the deceased.

4.

Perused Para-7 of the Petition, it is mentioned and confirmed that the averment ..2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :

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 mother-in-law and father-in-law had predeceased her husband and that no other relatives of her husband, wherein touch with her husband and or with her. He is further submits that they have never been in touch with the Petitioner and any of the members of his family and further submits that the Petitioner is not in position to serve the Citation upon them and sought permission for substituted service upon the heirs of the husband of the deceased. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 8th March, 2024 annexed to the Chamber order and averment made in Para-7 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) "Divya Bhaskar" 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