Heena Girish Dagha v. Durgesh Dhanji Lodaya

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 08th April, 2025 CALLED FOR DIRECTION:

6.CHOL/176/2025 AMH20230030577C202500001 In TP/3099/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Mitesh M. Ghatkar i/b. Mr. Nikhil M. Sansare, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Manjula Dhanji Lodaya (Mother 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 "Janmabhoomi" in vernacular language i.e. Gujarati. 3.

Perused the Affidavit dated 17th March, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the deceased died as bachelor and Manjula Dhanji Lodaya (Mother of the deceased) is missing since more than 50 years and her whereabouts are not known and the said facts also been stated in the Will of the deceased. The Applicant has further stated that she has made every effort to find out the surviving heirs of the deceased, however she could not find. The Applicant therefore requested to permit her to publish the Citation upon Manjula Dhanji Lodaya (Mother of the deceased) 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.

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4.

Perused Para-11 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 deceased died as bachelor and Manjula Dhanji Lodaya (Mother of the deceased) is missing since more than 50 years and her whereabouts are not known and the said facts also been stated in the Will of the deceased. He further submits that the Applicant has made every effort to find out the surviving heirs of the deceased, however the Applicant could not find. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 17th March, 2025 annexed to the Chamber order and averment made in Para-11 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 08.04.2025