Anis Munnawar Siddiqui v. Rajendra Prasad Jaiswal

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 20th February, 2025 CALLED FOR DIRECTION:

5.CHOL/86/2025 AMH20240000157C202500006 In TP/4854/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Nerissa M. Almeida i/b. Mr. Vasim Siddiqui, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Pawankumar Rajendraprasad Jaiswal (Son of the deceased) and Seema Manoj Jaiswal (Married Daughter 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 "Navbharat Times" in vernacular language i.e. Hindi. 3.

Perused the Affidavit dated 7th February, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the Citation was issued for service upon Pawankurnar Rajendraprasad Jaiswal (Son of the deceased) and Seema Manoj Jaiswal (Married Daughter of the deceased), through the Sheriff of Mumbai, but the same could not be served as the house of the said legal heirs were found locked and upon making enquiry, it was informed by the neighbours that the said house have been closed since many years and the current address are not known. The Bailiff has filed Affidavits of Service and the same are at Exhibit - "B" and "C". The Applicant therefore requested to permit him to publish the Citation upon Pawankumar Rajendraprasad Jaiswal (Son of the deceased) and Seema Manoj Jaiswal (Married Daughter of the deceased) by way ..2/-

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of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Navbharat Times" in vernacular language i.e. Hindi. 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 Citation was issued for service upon Pawankumar Rajendraprasad Jaiswal (Son of the deceased) and Seema Manoj Jaiswal (Married Daughter of the deceased), through the Sheriff of Mumbai, but the same could not be served as the house of the said legal heirs were found locked and upon making enquiry, it was informed by the neighbours that the said house have been closed since many years and the current address are not known. She, therefore, prays that the Chamber Order be allowed. 6.

For the reasons stated in Affidavit dated 7th February, 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) "Navbharat Times" in Hindi 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 20.02.2025