Anand Shetty v. Sunnakallu Vittal Shetty

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 25th February, 2025 CALLED FOR DIRECTION:

2.CHOL/88/2025 AMH20240131876C202500003 In TP/3565/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Risha Alva i/b. Argus Partners, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon (1) Ms. Advaita Shetty (Grand niece of the deceased), (2) Ms. Prabha Shetty (Niece of the deceased) and

(3) Ms. Shruti Rai (Grand Niece 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. "The Indian Express" in English Language and in "Udayavani" in vernacular language i.e. Kannada in Mangalore. 3.

Perused the Affidavit dated 14th February, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the Citation sent for service upon (1) Ms. Advaita Shetty (Grand niece of the deceased), (2) Ms. Prabha Shetty (Niece of the deceased) and (3) Ms. Shruti Rai (Grand Niece of the deceased), through the Sheriff of Bombay could not be served at their last known addresses. The Bailiff of the Sheriff of Bombay had filed an Affidavit of Service dated 3rd December, 2024 and the same is on record. It is further stated that due and diligent search and enquiry was made by the Applicant / Petitioner but he could not get their alternate addresses. The Applicant therefore requested to permit him to publish the ..2/-

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

Citation upon above named legal heirs by way of substituted service by publishing in two newspapers viz. "The Indian Express" in English Language and in "Udayavani" in vernacular language i.e. Kannada in Mangalore. 4.

Perused Para-10 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.

For the reasons stated in Affidavit dated 14th February, 2025 annexed to the Chamber order and averment made in Para-10 of the Petition, the Chamber Order is allowed. The Applicant is directed to publish the Citation in two newspapers viz. (1) "The Indian Express" in English and (2) "Udayavani" in Kannada language in Mangalore, within two weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.

6. 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 25.02.2025