Percy Bomi Vasunia v. Mehroo Pestonji Vasunia

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 22nd January, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

10.CHOL/31/2026 AMH20230016854C202500022 ) ) ) Ms. Prajakta Gaonkar i/by Auroma Law, Advocate for the Applicant / Petitioner.

IN TP /2424/2025 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon (1) Dhun Silverstein, (2) Daraius Billimoria, and (3) Keki Dorabji Chothia, Legal Heirs of the deceased by way of substituted service as per schedule annexed to the Chamber Order. 2.

Perused the schedule. The Applicant applies for publication of citation in three newspapers viz. "Free Press Journal" in English Language, in "Nav Shakti" in vernacular language i.e. Marathi and in "Mumbai Samachar" in vernacular language i.e. Gujarati, widely circulated in Mumbai.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, deceased died as spinster and the parents, grandparents, brother of the deceased predeceased the deceased. It is further stated that, citation sent for service upon (1) Dhun Silverstein and (2) Daraius Billimoria, and (3) Keki Dorabji Chothia legal heirs of the deceased through bailiff of Sheriff of Bombay were returned unserved with postal remark "Item returned. Addressee left without instructions". The Bailiff has filed an affidavit of service dated 18th November 2025. It is further stated that, the Applicant conducted due and diligent search to identify alternate

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addresses of the abovenamed legal heirs and also to look any known relatives of the abovenamed persons. The Applicant, therefore, requested to publish the citation in three newspapers viz. "Free Press Journal" in English Language, in "Nav Shakti" in vernacular language i.e. Marathi and in "Mumbai Samachar" in vernacular language i.e. Gujarati, widely circulated in Mumbai. 4.

Heard. Ld. Advocate for the Applicant submits that, deceased died as spinster and the parents, grandparents, brother of the deceased predeceased the deceased. She further submits that, citation sent for service upon (1) Dhun Silverstein and (2) Daraius Billimoria, and (3) Keki Dorabji Chothia, legal heirs of the deceased through bailiff of Sheriff of Bombay were returned unserved with postal remark "Item returned. Addressee left without instructions". She further submits that, the Bailiff has filed an affidavit of service dated 18th November 2025. She further submits that, the Applicant conducted due and diligent search to identify alternate addresses of

(1) Dhun Silverstein, (2) Daraius Billimoria, and (3) Keki Dorabji Chothia, legal heirs and also to look any known relatives of the abovenamed persons. She, therefore, prays that, the Chamber Order be allowed.

5.

Perused para 9 of the Petition. For the reasons mentioned in the affidavit in support the Chamber Order is allowed. Applicant to publish the citation in three newspapers viz. "Free Press Journal" in English Language, in "Nav Shakti" in vernacular language i.e. Marathi and in "Mumbai Samachar" in vernacular language i.e. Gujarati, widely circulated in Mumbai, by way of substituted service of citation upon (1) Dhun Silverstein and (2) Daraius Billimoria, and (3) Keki Dorabji Chothia, legal heirs of the

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deceased within four weeks from the date of uploading this Order. Applicant to file the affidavit of publication once the citation is published within two weeks thereafter.

6.

Registry is directed to issue fresh citation, if required. 22.01.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk