Soumi Mitra Daughter Of Salil Harendranath Mitra v. Subhas Kumar Mitra Son Of Harendra Nath Mitra

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 26th February, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

9. CHOL/ 73/2026 AMH20230033522C20250 ) ) ) Ms. Amina Shaikh i/by Vidya V. Bandekar, Advocate for the Applicant / Petitioner.

IN TP /5755/2025 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon (1) Sumitra alias Jayamitra widow of Suhas Kumar Mitra (2) Jayeeta Mitra, daughter of the deceased, and (3) Ronita Mitra, daughter 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 two newspapers viz. "Free Press Journal" in English Language and in "Yashobhoomi" in vernacular language i.e. Hindi, widely circulated in Mumbai.

3.

Perused the affidavit in support and additional affidavit. The Applicant has stated in the additional affidavit that, the deceased was married but leaving separately from his family as they have deserted the deceased. It is further stated that, during the lifetime of the deceased he did not mentioned about his wife and children or any of his relatives. It is further stated that, he had made due and diligent search to find out the legal heirs of the deceased but unable to find out the same and also made several inquiries with the persons known to him but no one was not in a position to give

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the details of the legal heirs of the deceased. The Applicant, therefore, requested to permit him to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Yashobhoomi" in vernacular language i.e. Hindi, widely circulated in Mumbai.

4.

Heard. Ld. Advocate for the Applicant submits that, the deceased was married but leaving separately from his family as they have deserted the deceased. She further submits that, during the lifetime of the deceased he did not mentioned about his wife and children or any of his relatives. She further submits that, he had made due and diligent search to find out the legal heirs of the deceased but unable to find out the same and also made several inquiries with the persons known to him but no one was not in a position to give the details of the legal heirs of the deceased. She, therefore, prays that, the Chamber Order be allowed. 5.

Perused para 4 of the Petition. For the reasons mentioned in the affidavit in support the Chamber Order is allowed. Applicant to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Yashobhoomi" in vernacular language i.e. Hindi, widely circulated in Mumbai, by way of substituted service of citation upon (1) Sumitra alias Jayamitra widow of Suhas Kumar Mitra (2) Jayeeta Mitra, daughter of the deceased and (3) Ronita Mitra, daughter of the 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.

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6.

Registry is directed to issue fresh citation, if required. 26.02.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk