Vibhuraj Devendra Kapoor v. Prema Mahesh Pandit Deceased

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 18th December, 2024 CALLED FOR DIRECTION:

2.CHOL/575/2024 In TP/2055/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Prakash Kadam a/w. Mr. Sunil N. Nair, Advocate for the 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 "Navbharat" in vernacular language i.e. Hindi.

3.

Perused the Affidavit dated 24th August, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the deceased died as a spinster at Mumbai on 13th May, 2023. It is further stated that the whereabouts of the legal heirs of the deceased is not known to the Applicant / Petitioner and Applicant / Petitioner had tried to locate the legal heirs of the deceased through his known sources, but their whereabouts could not be traced out. 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 "Navbharat" in vernacular language i.e. Hindi.

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

4.

Perused Para-8 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 a spinster. He further submits that the whereabouts of the legal heirs of the deceased is not known to the Applicant / Petitioner and Applicant / Petitioner had tried to locate the legal heirs of the deceased through his known sources, but their whereabouts could not be traced out.

He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 24th August, 2024 annexed to the Chamber order and averment made in Para-8 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) "Navbharat" in Hindi 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 18.12.2024