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Bombay High CourtCHOL/104/2025disposed off

Sheelan Ulhas Chawathe v. Gunvanti Pitambardas Shah

2025-03-13E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

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

1.CHOL/104/2025 AMH20240130917C202500001 In TP/5397/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Nitin Kaskar i/b. Ms. Tanvi V. Nadkarni, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon (1) Vinay Pitamberdas Shah (Brother of the deceased), (2) Vraj Pitamberdas Shah (Brother of the deceased), (3) Priti Limbdi (Sister of the deceased), (4) Shashikant Pitamberdas Shah (Brother of the deceased) and

(5) Jyotindra Pitamberdas (Brother 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 "Divya Bhaskar" in vernacular language i.e. Gujarati. 3.

Perused the Affidavit dated 20th January, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the deceased died as spinster.

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 ..2/-

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

that the deceased died as spinster. The Applicant is not aware of the whereabouts of the aforesaid legal heirs of the deceased. 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) "Divya Bhaskar" in Gujarati language, as and by way of substituted service. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 20th 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) "Divya Bhaskar" 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 13.03.2025