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Bombay High CourtCHOL/190/2025disposed off

Vishnu Mangharam Ajwani v. Late Haribai Mangharam Ajwani (Deceased)

2025-04-22E.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 : 22nd April, 2025 CALLED FOR DIRECTION:

3.CHOL/190/2025 AMH20240131322C202500005 In TP/1133/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Shailesh Korpe a/w. Mr. Prateek Katewa i/b. Cygnus Legal, Advocate for the Applicant / Petitioner. P. C. :

1. The present Chamber Order is taken out to serve the Citation upon (1) Harish Lachman Ajwani (Grandson of the deceased), (2) Bharat Lachman Ajwani (Grandson of the deceased), (3) Seema Bhatia (Granddaughter of the deceased), (4) Poonam Abhichandani (Granddaughter of the deceased), (5) Deepa Vasandani (Granddaughter of the deceased), (6) Kavita Nihalani (Granddaughter of the deceased), (7) Neeta Ajwani (Granddaughter of the deceased), (8) Vandana Ajwani (Granddaughter of the deceased), (9) Dr. Maya Kishinchand Lala (Daughter of the deceased) and (10) Devi Ram Karamchandani (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 21st March, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the Applicant was taking care of the deceased and due to his advanced age and personal circumstances, he could not contact with other legal heirs of the deceased for a significant period. It is further stated that the communication with them has been limited and despite his ..2/-

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efforts, he was unable to ascertain their current whereabouts. The Applicant therefore requested to permit him to publish the Citation upon above said legal heirs by way 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-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 submits that the Applicant was taking care of the deceased and due to his advanced age and personal circumstances, he could not contact with other legal heirs of the deceased for a significant period. He further submits that the communication with them has been limited and despite his efforts, he was unable to ascertain their current whereabouts. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 21st March, 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) "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 22.04.2025