Cyrus Behram Doongaji v. Motoo Hormasji Gandhi

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 16th January, 2025 CALLED FOR DIRECTION:

3.CHOL/589/2024 AMH20240007844C202400005 In TP/2120/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Mandakini Kumari Sinh, 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 "Navshakti" in vernacular language i.e. Marathi.

3.

Perused the Affidavit dated 5th September, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the deceased had executed a Will and Testament dated 20th January, 2006. The Petitioners or the sons of the persons i.e. Coomie Behram Doongaji and Behram Eduji Doongaji, two of the cousins of the deceased, who were charged with doing charity under the said Will. The parents of the said Coomie Behram Doongaji and Behram Eduji Doongaji were died. The Applicants has further stated that he is not aware of the other legal heirs left behind 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 ..2/-

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

"Navshakti" in vernacular language i.e. Marathi. 4.

Heard. The Ld. Advocate for the Applicant submits that the deceased had executed a Will and Testament dated 20th January, 2006. She further submits that the Petitioners or the sons of the persons i.e. Coomie Behram Doongaji and Behram Eduji Doongaji, two of the cousins of the deceased, who were charged with doing charity under the said Will and the parents of the said Coomie Behram Doongaji and Behram Eduji Doongaji were died. She further submits that the Applicants are not aware of the legal heirs of the said Coomie Behram Doongaji and Behram Eduji Doongaji. Therefore, the Applicants be published the Citation in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi. She therefore prays that the Chamber Order be allowed.

5.

For the reasons stated in Affidavit dated 5th September, 2024 annexed to the Chamber Order, the Chamber Order is allowed. The Applicant is directed to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) "Navshakti" in Marathi language, within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.

6. 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 16.01.2025