Mohammed Arif Ansari v. Rehana Mehboob Khan

ary Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th June, 2025 CALLED FOR DIRECTION:

2.CHOL/192/2025 In TP/385/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Sharddha S. Jaiswal i/b Satish S. Sharma Advocate for the Applicant/Petitioner.

P. C. : The present Chamber Order is taken out to serve the Citation upon Mr. Mohd. Aziz Mehboob Khan, 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 "Urdu Times" newspaper in regional language.

3.

Perused the Affidavit dated 21.02.2025 and Additional Affidavit dated 02.06.2025. It is stated in the Additional Affidavit that whereabouts of Mohammed Aziz Mehboob Khan is not known to the Petitioner nor to the family of the deceased since 25 years. It is further stated that diligent efforts were taken to locate the legal heir Mr. Mohammed Aziz Mehboob Khan whose whereabouts are not known. The Applicant has further stated that he and family members of the deceased had taken every efforts to find the out the whereabouts of Mohammed Aziz Mehboob Khan making enquires with local authorities and also with community leaders but his whereabouts could not be ascertained. The Applicant, therefore, requested to permit him to publish the Citation upon Mr. Mohammed Aziz Mehboob Khan (brother of the deceased) by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Urdu Times" newspaper in regional language.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 4.

Perused Para-9 of the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the whereabout is not known to the Petitioner. 5.

Heard. The Ld. Advocate for the Applicant submits that the deceased died as spinster and parents of the deceased predeceased the deceased. She further submits that the whereabouts of Mohammed Aziz Mehboob Khan is not known to the Petitioner nor to the family of the deceased since 25 years. She further submits that diligent efforts were taken to locate the legal heir Mr. Mohammed Aziz Mehboob Khan whose whereabouts is not known. She further submits that the Applicant and family members of the deceased had taken every efforts to find the out the whereabouts of Mohammed Aziz Mehboob Khan making enquires with local authorities and also with community leaders but his whereabouts could not be ascertained. She, therefore, prays that the Chamber Order be allowed. 6.

For the reasons stated in Affidavit in support and Additional Afidavit annexed to the Chamber order and averment made in Para - 9 of the Petition, the present Chamber order is granted, and the same is signed separately. Publication of Citation to be done in two newspapers viz. (1) "Free Press Journal" in English and

(2) "in "Urdu Times" newspaper in regional 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 12.06.2025