Ankita Bharat Zaveri v. Bharat Keshavlal Zaveri

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

4.CHOL/70/2025 AMH20230025599C202500003 In TP/576/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Nilanjana M. Shah, Advocate for the Applicants / Petitioners.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon (1) Mr. Mahendra Keshavlal Zaveri, brother of the deceased, (2) Meena Shailesh Bhuta, married sister of the deceased, (3) Ms. Sejal Chetal Shah, married niece of the deceased, (4) Ms. Amisha Niren Mehta, married niece of the deceased, (5) Ms. Dolly Bhavesh Shah, married niece of the deceased and (6) Kunal Ramesh Zaveri, nephew of the deceased, by way of substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Petitioners are seeking permission to publish the Citation in two newspapers viz. "Free Press Journal" in English Language and in "Janmabhoomi" in vernacular language i.e. Gujarati.

3.

Perused the Affidavit dated 21st January, 2025 annexed to Chamber Order. It is stated in the said Affidavit that Savitaben Keshavlal Zaveri, mother of the deceased, expired on 17th May, 2024, during the pendency of the Petition and the legal heirs of Savitaben Keshavlal Zaveri have been added as party, as per the order dated 19th August, 2024. It is further stated that the Petitioners are not aware of the addresses newly added legal heirs of the said Savitaben Keshavlal Zaveri and their whereabouts are not known. The Applicants therefore requested to permit them to publish the Citation upon above said legal heirs by way of substituted service by publishing in two newspapers viz. ..2/-

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

"Free Press Journal" in English Language and in "Janmabhoomi" in vernacular language i.e. Gujarati. 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 Savitaben Keshavlal Zaveri, mother of the deceased, expired on 17th May, 2024, during the pendency of the Petition and the legal heirs of Savitaben Keshavlal Zaveri have been added as party, as per the order dated 19th August, 2024. She further submits that the Petitioners are not aware of the addresses newly added legal heirs of the said Savitaben Keshavlal Zaveri and their whereabouts are not known. She further submits that the Applicant / Petitioner be permitted them to publish the Citation upon above said legal heirs by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Janmabhoomi" in vernacular language i.e. Gujarati. She therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 21st January, 2025 annexed to the Chamber order and averment made in Para8 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) "Janmabhoomi" 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