Asha Chandrashanker Shukla v. Chandrashanker Alias Chandrashanker Kanji Shukla (Deceased)

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th December, 2024 CALLED FOR DIRECTION:

6.CHOL/564/2024 In TP/2020/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Sirat N. Khan i/b. Mr. Mahesh R. Pandey, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon (1) Premal Sudhir Shukla and

(2) Digesh Sudhir Shukla, Grandsons 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 "Gujarat Samachar" in vernacular language i.e. Gujarati.

3.

Perused the Affidavit dated 15th October, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the Citation sent to (1) Premal Sudhir Shukla and (2) Digesh Sudhir Shukla, Grandsons of the deceased at their last known address through the Sheriff of Bombay by RPAD but the same was returned by the Postal Authorities with remark "No such person". The Bailiff has filed an Affidavit of Service dated 20th July, 2024, a copy of the same is annexed to the Affidavit in Support. The Applicant therefore requested to permit her to publish the Citation upon (1) Premal Sudhir Shukla and (2) Digesh Sudhir Shukla, Grandsons of the deceased by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Gujarat Samachar" in vernacular language i.e. Gujarati.

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

4.

Perused Para-9 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 Citation sent to (1) Premal Sudhir Shukla and (2) Digesh Sudhir Shukla, Grandsons of the deceased at their last known address through the Sheriff of Bombay by RPAD but the same was returned by the Postal Authorities with remark "No such person" and the Bailiff has filed an Affidavit of Service dated 20th July, 2024, a copy of the same is annexed to the Affidavit in Support. She, therefore, prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 15th October, 2024 annexed to the Chamber order and averment made in Para-9 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) "Gujarat Samachar" 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 12.12.2024