Vinod Satyapal Chauhan v. Tarachand Bagumal Kotak Alias Tarachand Bhagumal Kotak

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 20th December, 2024 CALLED FOR DIRECTION:

3.CHOL/580/2024 In TP/433/2023 Mr. Navid Memon, Advocate for the Applicant / Petitioner. P. C. : 1. The present Chamber Order is taken out to serve the Citation upon (1) Kamlesh Gangaram Ramjiyani (Grandson of the deceased), (2) Pravin Gangaram Ramjiyani (Grandson of the deceased) and (3) Nilesh Gangaram Ramjiyani (Grandson 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 "Shree Guru Singh Sabha Patrika" in vernacular language i.e. Punjabi.

3.

Perused the Affidavit dated 10th October, 2024 annexed to Chamber Order. It is stated in the said Affidavit that Mrs. Veena Gangaram Ramjiyani, married daughter of the deceased has expired on 13th January, 2021, leaving behind her above named sons, who are grandsons of the deceased herein. It is further stated that after the marriage of the above named grandsons or living with their families and due to the estrange relations, they have not been in touch with the Petitioner. It is further stated that the Petitioner had tried to search the whereabouts of ..2/-

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said grandsons of the deceased, from their relatives and family friends, but despite due and diligent search, Applicant could not find the same. The Applicant therefore requested to permit him to publish the Citation upon Kamlesh Gangaram Ramjiyani, Pravin Gangaram Ramjiyani and Nilesh Gangaram Ramjiyani, Grandsons of the deceased by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Shree Guru Singh Sabha Patrika" in vernacular language i.e. Punjabi.

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 Mrs. Veena Gangaram Ramjiyani, married daughter of the deceased has expired on 13th January, 2021, leaving behind her above named sons, who are grandsons of the deceased herein. He further submits that after the marriage of the above named grandsons or living with their families and due to the estrange relations, they have not been in touch with the Petitioner. He further submits that the Petitioner had tried to search the whereabouts of said grandsons of the deceased, from their relatives and family friends, but despite due and diligent search, Applicant could not find the same. He therefore prays that the Chamber Order be allowed. 6.

For the reasons stated in Affidavit dated 10th October, 2024 annexed to the Chamber order and ..3/-

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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) "Shree Guru Singh Sabha Patrika" in Punjabi 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 20.12.2024