Bharat Kanjibhai Patel v. Daya Dhamanmal Khianra

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 17th December, 2024 CALLED FOR DIRECTION:

2.CHOL/569/2024 In TP/1253/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Darshana Manjrekar, Advocate for the Third Party Applicant/Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon all concerned 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 "Gujarati Midday" in vernacular language i.e. Gujarati.

3.

Perused the Affidavit dated 28th November, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the deceased died as issueless and the existence of any legal heirs of the deceased are not known to the Petitioner. It is further stated that the Petitioner had made enquiry to various friends and acquittances about them but no one is aware of legal heirs of the deceased. The Applicant therefore requested to permit him to publish the Citation upon all concerned by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Gujarat Midday" in vernacular language i.e. Gujarati. ..2/-

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

4.

Perused Para-15 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 died as issueless and the existence of any legal heirs of the deceased are not known to the Petitioner. She further submits that the Petitioner had made enquiry to various friends and acquittances about them but no one is aware of legal heirs of the deceased. She therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 28th November, 2024 annexed to the Chamber order and averment made in Para-15 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) "Gujarati Midday" in Gujarati language, within six 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 17.12.2024