Jahnvi Vijaykumar Patel v. Arunbhai Hiralal Patel

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 22nd April, 2025 CALLED FOR DIRECTION:

2.CHOL/189/2025 AMH20240127427C202500007 In TP/4160/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Dhanashree Gaikaiwani i/b. Bilawala & Co., Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Mr. Nayan Arunbhai Patel (Son of the deceased) by way of substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Petitioners are 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 18th March, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the Bailiff from Sheriff of Bombay to went on 19th November, 2024, 20th December, 2024 and also on 17th February, 2025 to serve citation along with a copy of Petition on Mr. Nayan Arunbhai Patel at his address mentioned in the Petition serve citation along with a copy of Petition at 202, Mehul Apartment, 67- F-G, Ramchandra Hirji Wadi, Gamdevi, Mumbai - 400 007. However, on all three attempts, Mr. Nayan Patel was not found and the said premises was found locked. It is further stated that since the premises found locked, the Citation could not be served upon the said Mr. Nayan A. Patel. The Affidavit of Service filed by the Bailiff along with report is at Exhibit - "A" to Affidavit in Support. The Applicants therefore requested to permit them to publish the Citation upon Mr. Nayan A. Patel, (Son of the deceased) ..2/-

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

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. 4.

Perused Para-9 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 Bailiff from Sheriff of Bombay to went on 19th November, 2024, 20th December, 2024 and also on 17th February, 2025 to serve citation along with a copy of Petition on Mr. Nayan Arunbhai Patel at his address mentioned in the Petition serve citation along with a copy of Petition at 202, Mehul Apartment, 67- F-G, Ramchandra Hirji Wadi, Gamdevi, Mumbai - 400 007. She further submits that the Bailiff had made three attempts but Mr. Nayan A. Patel was not found and the said premises found locked and, therefore, the Citation could not be served upon the said Mr. Nayan A. Patel. She therefore prays that the Chamber Order be allowed. 6.

For the reasons stated in Affidavit dated 18th March, 2025 annexed to the Chamber order and averment made in Para-9 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 22.04.2025