Kishore Naresh Patel v. Hansa Narasi Naik Alias Hansa Narshi Naik Alias Hansa N Naik Alias Hansa Naik

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 13th February, 2025 CALLED FOR DIRECTION:

3.CHOL/69/2025 AMH20210046269C202500001 In TP/5541/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Pankaj Pandey, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Mr. Narshi Babubhai Naik, (Husband 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 "Janma Bhoomi" in vernacular language i.e. Gujarati. 3.

Perused the Affidavit dated 15th January, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the Mr. Narshi Babubhai Naik, (Husband of the deceased), is the father of the Applicant, who had left the house in the year-1976 and since then till date not returned home. It is further stated that the family members tried to find and locate his address but unable to find out the whereabouts of the Mr. Narshi Babubhai Naik and nobody knows his whereabouts. The Applicant therefore requested to permit him to publish the Citation upon Mr. Narshi Babubhai Naik, (Husband of the deceased) by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Janma Bhoomi" in vernacular language i.e. Gujarati. ..2/-

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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 Mr. Narshi Babubhai Naik, (Husband of the deceased), is the father of the Applicant, who had left the house in the year-1976 and since then till date not returned home and the family members tried to find and locate his address but unable to find out his whereabouts and nobody knows his whereabouts. He further submits that the Applicant / Petitioner be permitted to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) "Janma Bhoomi" in Gujarati language, by way of substituted service. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 15th January, 2025 annexed to the Chamber order and averment made in Para-8 of the Petition, 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) "Janma Bhoomi" in Gujarati 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 13.02.2025