Bombay High CourtCHOL/223/2025disposed off

Poonam Anil Agarwal v. Ramdulahari Chunnilal Agarwal

2025-06-24E.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 : 24th June, 2025 CALLED FOR DIRECTION:

Mr. R. R. Varma a/w. Mr. Sachin Suware, Advocate for the Applicant / Petitioner.

1.CHOL/223/2025 AMH20230014554C202500001 In TP/386/2015 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P. C. :

1. The present Chamber Order is taken out to serve the Citation upon (1) Pushpa Chandrabhan Agrawal, (2) Saraoj Chandrabhan Agrawal and (3) Sita Chandrabhan Agrawal, being the legal heirs of the deceased step son viz. Chandrabhan C. Agarwal and Grand Daughters of Smt. Ramdulhari Chunnilal Agarwal, the deceased in the Petition, by way of substituted service as per the Schedule annexed to the Chamber Order.

Perused Schedule. The Petitioner is seeking permission to publish the Citation in two newspapers viz. "Free Press Journal" in English Language and in "Hamara Mahanagar" in vernacular language i.e. Hindi.

Perused the Affidavit dated 11th February, 2025 and Additional Affidavit dated 20th June, 2025 annexed to Chamber Order. It is stated in the said Affidavit that during the pendency of the Petition, Chandrabhan C. Agarwal, the step son of the deceased expired and the names of his above named daughters were brought on record. The Applicant has further stated that the addresses of the daughters of Chandrabhan C. Agarwal not known. It is further stated in the Additional Affidavit that the Applicant has visited her native place at Mathura, Uttar Pradesh, to find out the address of the above named persons but nothing is found. The Applicant therefore requested to permit her to publish the Citation upon (1) Pushpa Chandrabhan Agrawal, (2) Saraoj Chandrabhan Agrawal and ..2/-

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

(3) Sita Chandrabhan Agrawal, being the legal heirs of the deceased step son viz. Chandrabhan C. Agarwal and Grand Daughters of Smt. Ramdulhari Chunnilal Agarwal, the deceased in the Petition, by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Hamara Mahanagar" in vernacular language i.e. Hindi.

Perused Para-5(B) 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.

Heard. The Ld. Advocate for the Applicant submits that the during the pendency of the Petition, Chandrabhan C. Agarwal, the step son of the deceased expired and the names of his above named daughters were brought on record. He further submits that the addresses of the daughters of Chandrabhan C. Agarwal not known and the Applicant has also visited her native place at Mathura, Uttar Pradesh, to find out the address of the above named persons but nothing is found. He therefore prays that the Chamber Order be allowed.

For the reasons stated in Affidavit dated 11th February, 2025 and Additional Affidavit dated 20th June, 2025 annexed to the Chamber order and averment made in Para-5(B) 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) "Hamara Mahanagar" 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 24.06.2025